Chief Justice Surendra Kumar Sinha yesterday urged the government to overhaul the age-old obsolete laws enacted during the British colonial period to make them suitable for a democratic nation.
He also emphasised on doubling the number of judges and ensuring a more transparent procedure to appoint judges in the higher courts, in light with the constitution.
Justice SK Sinha made the remarks while speaking at a reception programme at his courtroom after Attorney General Mahbubey Alam and Supreme Court Bar Association President Khandakar Mahbub Hossain greeted him as the new head of the judiciary. Senior lawyers attended the programme at a jam-packed courtroom.
It was his first working day as the chief justice.
In his speech, Justice Sinha said: “Civil Procedure Code, Criminal Procedure Code, Evidence Code, Penal Code, Arms Act and many other laws were enacted when we had been under the then British colonial regime. That is why, in the existing laws of this land, there is no reflection of democratic values.
“As a democratic nation, we have by this time spent around 43 years. But unfortunately we could not enact essential laws making them suitable for a democratic nation. I urge upon the government to take immediate steps in that direction.”
He also advocated for immediately establishing affordable ICT infrastructure and integrating customised software for automation of judicial and administrative functions of the courts.
“To achieve those objectives, we have to scrap of all existing obsolete laws and rules and they are to be enacted by complete overhauling,” the chief justice added.
More judges needed
He said the number of judges at the country’s courts was small compared to the cases pending disposal.
“About 3,65,059 cases are awaiting disposal at the High Court and the Supreme Court while 24,95,944 in the district courts across the country. But, against such huge number of cases there are 94 judges employed at the High Court and the Supreme Court while 1,500 in the district levels.”
He also observed that the “cumbersome legal system and administration” of the country makes it difficult for a judge to take any short-cut approach in hearing and disposing the cases.
“In order to address the problem, we have no alternative but to increase the number of judges. The number of judges should be doubled at the least,” Justice Sinha said.
‘Make appointments transparent’
Mentioning that India has laws for appointment of judges, the chief justice said: “We will have to see whether our constitutional provision to appointment judges in the High Court can be done in a more transparent manner.”
Referring to the existing procedure of judges’ appointment in the lower courts, he said: “The process is transparent and independent. We have already established a method in this regard.
“The Supreme Court judges and university teachers examine the test papers of the judges. There is no shortcoming in the process. There is no instance of leaking question papers yet. This will not happen in the future.”
Media coverage hampers trial
Criticising the law enforcement agencies for their tendency regarding media coverage, the chief justice said: “Nowadays, investigating agencies are found not sufficiently skilled and committed to the collection of evidence and materials in support of the charge made against an accused.
“Recently, after watching the trials of some sensational cases, it has occurred to me that an alleged offender cannot be convicted for the lack of legal evidence and materials which are supposed to be procured at the investigation stage.
“I have noticed a propensity among the officers entrusted with a criminal investigation having more interest in publishing the news regarding the arrest and action taken against an accused.”
Justice Sinha mentioned that broadcasting of such information hampers even the trial procedure.
He said: “Terrorism cannot be curbed without a mechanism which would work effectively and ensure punishment of actual offenders and perpetrators at minimum time and cost.”