PM troubled by turncoat witnesses

New Delhi: In his first public, but indirect comments on the controversial Jessica Lal and the Best Bakery case, Prime Minister Manmohan Singh expressed concern over the manner in which some cases were being prosecuted, particularly where cases fall because witnesses turned hostile.

Speaking at a conference of Chief Ministers and Chief Justices of High Courts in the Capital, PM also requested the judiciary to show the way in combating corruption.

PM said the phenomenon was causing concern to the society and stressed the need to reflect whether new provisions were required in law to deliver justice.

"There is need for all of us to reflect whether the existing procedures are adequate and foolproof; whether we are using all available provisions to prevent deviant behaviour; and whether we need new provisions in law so that the justice system is seen to deliver justice", Manmohan said.

The statement comes a day after Zaheera Sheikh, the prime witness in the Best Bakery case, surrendered before a special fast track court in Mumbai.

Zaheera, who had turned hostile in the Best Bakery case a number of times, was sentenced to one-year jail term by the Supreme Court on perjury charges.

She surrendered on Friday, and on Saturday her sister Saheera was also served a notice for turning hostile.

The statement is also being seen in the light of mounting public and media pressure over the retrial of the Jessica Lall murder case, during the trail of which 99 out of 100 witnesses turned hostile.

The case fell flat and all the accused were acquitted. The verdict elicited much outrage from the public and the media.

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Maintaining that the UPA Government was committed to judicial reforms, the Prime Minister said it would extend all possible assistance in this regard.

"The Government is in the process of drawing up an action plan for a holistic approach to judicial reforms," he said.

He also admitted that there was a need to improve the service conditions of judges to attract better talent and said that Government has already implemented many of the recommendations

of the National Judicial Pay Commission.

"The Judges of the Supreme Court and High Courts are now entitled to more liberalised perquisites and allowances. There are several incentives for meritorious, talented and eminent advocates to be appointed as Supreme Court Judges," he said.

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Singh said "the Government is presently considering a proposal to increase the age of retirement of High Court Judges" and the issue of post retirement benefits of Judges was also under its active consideration.

He appealed to the Chief Ministers to process proposals for filling up the large number of vacancies in the lower courts "as expediciously as possible when they receive them from the Chief Justices of their respective High Courts."

He said the Government would like to work closely with the Chief Justice of India and his Collegium for speedily filling up the vacancies in Higher Judiciary.

"I have great faith that Justice Sabharwal (CJI) and his learned senior colleagues will lead and guide the judiciary to achieve the formidable goal of reducing pendency and providing speedier and more affordable justice to the common man," he said.

However, while maintaining that "something urgently needed to be done to revamp" the criminal justice system, Chief Justice of India Y K Sabharwal cautioned against "knee-jerk" reactions and "overburdening" the judicial magistracy without providing adequate manpower.

"We are living in an era of increasing public awareness and consciousness. As awareness rises, expectations rise as well. The manner in which some cases are being prosecuted, particularly where cases fall because witnesses turn hostile or change their evidence is causing concern to ever increasing sections of the society," he said.

He, however, did not specifically mention the controversial acquittals in the Jessica Lal case.