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EDITORIAL

Better by far!

It looks wrong but India is seen, perceived and appreciated better with a sea or two in between the Indians and India. Back in the country, Indians are critical of everything from her traditions to the films produced here. Indians - connoisseurs and the critics - would any day opt for a phoren film than waste time on the 'Indian films' while the rest of the Indian mass falls for the films and themes that are most un-Indian-crass action and elfin psycho dramas. Hum Aapke Hain Koun, one of the few family films which had a record run on the home front-probably, because it came after a spate of stale action dramas-was roundly dismissed by these critics as an wedding cassette. But the actual 'wedding cassette', Monsoon Wedding would not be derided because it had been acclaimed by the foreign critics themselves. So it is with traditions. The intellectual clique has long dismissed it as backward. Indians try not to live up to them for the 'orthodoxy' and 'superstition' these traditions are supposed to carry and connote. The urban India, which is now a quarter of the total Indian population, is a living example of this 'rejection'. This urban India also is anxious to be modern, ultramodern if possible, in manners, ways and outlook. They are usually the ones who land on the.......more


Communal riots :
causes must go

By H L Kapoor

Cmmunal disturbances and their ugly manifestations pose a seri-ous threat to our secular polity and national unity.....more

TALES OF TRAVESTY
Who will form next Govt?

By Dr. Jitendra Singh

By the time this column appears again next week, the new State Legislative Assembly of Jammu and Kashmir.......more

Dwindling economy

By Sain Dass Sumbria

Aperson having even an ele-mentary knowledge in Eco-nomics and Financial matters can easily and explicitly spell out......more

Justice for undertrials

By G Ravindran Nair

There are over 2,04,480 undertri-als languishing in jails across the country, the maximum being in Uttar Pradesh (44,269).....more


EDITORIAL

Better by far!

It looks wrong but India is seen, perceived and appreciated better with a sea or two in between the Indians and India. Back in the country, Indians are critical of everything from her traditions to the films produced here. Indians - connoisseurs and the critics - would any day opt for a phoren film than waste time on the 'Indian films' while the rest of the Indian mass falls for the films and themes that are most un-Indian-crass action and elfin psycho dramas. Hum Aapke Hain Koun, one of the few family films which had a record run on the home front-probably, because it came after a spate of stale action dramas-was roundly dismissed by these critics as an wedding cassette. But the actual 'wedding cassette', Monsoon Wedding would not be derided because it had been acclaimed by the foreign critics themselves. So it is with traditions. The intellectual clique has long dismissed it as backward. Indians try not to live up to them for the 'orthodoxy' and 'superstition' these traditions are supposed to carry and connote. The urban India, which is now a quarter of the total Indian population, is a living example of this 'rejection'.

This urban India also is anxious to be modern, ultramodern if possible, in manners, ways and outlook. They are usually the ones who land on the overseas shores most in pursuit of their instincts of modernist prosperity. And once there, the love affair with India begins. Indian films are the things they come to love and long for. Indian traditions and ways-those orthodox and superstitious things-are what they revere most. And, Indians are brothers and sisters, irrespective of the colour, creed and region even the 'national' denominations. Though some tried to promote the designation of 'South Asian' to escape being called Indians they have had little success. One full article in Jinnah-founded Dawn the other week, explained why the 'Indian' is inescapable, inevitable and, probably, a better designation. And, Indians there are brethren true. So strong is this love borne of distance, that one could posit that India would be freed of all her fractures and fissures if the Indians could be transported out to the six continents of the world. It would then be the most integrated country and a better-loved, better-valued, better-appreciated motherland! Then Gandhi would become a God, the land a reverence and the life that is being lived here with 'an imprecation for every second' would be the charming dream of every Indian. As it is with all NRI's today.

Of course, a proper appreciation of a thing, including the nation and language comes only after it has been 'lost'. Then there is the fact of too much of a thing, making one an ungrateful quibbling thing. Sa'adi tells of a slave who accompanying his master on a boat ride would not realize the comfort and security of the craft, until he was thrown out into the sea; when next he sat on the wobbling floor he was exceedingly quiet and comforted. Most of us are bestowed with too much of India, too much of her enduring mores and fine traditions that we feign value them; when they are lost, the recognition dawns, often forcefully. Probably, the constraint of circumstances, poverty and want, also make for much of the strife and ungratefulness. The prosperity takes these irritating barbs away, leaving the shiny kernel, which you cannot but love and revere. Unfortunately by that time, much has already been lost. Lucky is the Indian Diaspore that has a vast nation to look back to. But there would the Indian mass go, if this fine land, with its traditions, values and ways is lost forever!

Communal riots : causes must go

By H L Kapoor

Cmmunal disturbances and their ugly manifestations pose a seri-ous threat to our secular polity and national unity. The monster of communalism cuts at the very roots of secularism and democracy. As a result of communal hatred a large number of persons are affected and riots erupt as and when trouble makers get a chance. They would exploit even the most innocuous looking incident for vested interests at the cost of precious human lives being lost. Most often these interests are political, religious or both. Gujarat is the latest example of the social explosion caused by sectorial hatred.

It is essential to know the reasons behind communal disturbances which these vested interests try to sweep under the carpet. To check communal disturbances, the police ought to know the reasons, which cause them. Factors responsible for communal riots/disturbances may inter alia include disputes between landlords and tenants involving different communities, eve-teasing, objectionable speeches, writings, dispute over places of worship, their desecration, clashing of the time of prayers by different communities, sexual offences, attacks on religious processions, kidnapping and abduction involving members of different communities, ordinary quarrels etc.

An ordinary dispute between the landlord and the tenant belonging to different communities may cause a communal flare-up, as the incident, though innocuous looking, is sometimes exploited by vested interests. Police officers, irrespective of the rank, should take such disputes seriously and try to nip the trouble in the bud. Wherever necessary, security measures should be initiated and the magistrate asked to take punitive action with heavy sureties. Timely action initiated would avert a serious situation. Needless to mention, politicians and other vested interests lose no time in capitalising such situations in order to gain cheap popularity and support.

Eve-teasing is another factor, which may escalate communal tension. Anyone indulging in unseemly behaviour or trying to outrage the modesty of a girl belonging to another community is likely to be assaulted by people from her side and vice versa. In localities with a mixed population, this is bound to happen. The street Romeos responsible for causing trouble must be taken to task, for these minor incidents are potentially dangerous. It would be advisable for the police (apart from taking action under law) to summon the elders from both communities and the concerned families and make them understand the serious implications of such acts and blowing them out of proportion. They should be asked and be morally bound to keep the youngsters under control.

Often objectionable speeches are made by leaders of communal parties. These speeces do arouse the communal passions of the respective communities. After scrutiny, legal action should be taken wherever necessary. Even otherwise, if a leader of a particular community provokes, abets or spreads hatred, where prima facie an offence has been committed, a case may be registered and investigated.

Communal riots usually occur in places where neither of the communities has a preponderance in number. The population of Hindus and Muslims in a few cities, which have witnessed serious communal riots, is as under:

Hindus Muslims

1. Meerut 55.4% 40.9%

2. Hyderabad 37.5% 59.3%

3. Bhiwandi 41.2% 52.4%

4. Moradabad 51.2% 47.4%

5. Nalanda 61% 38.7%

6. Aligarh 63.7% 34.4%

7. Kalyan 73.1% 17.9%

It would be seen that population in the above towns except Kalyan is more or less evenly divided.

Often the writings in periodicals/dailies hurt the feelings of one community or the other. Whereas factual reporting with suggestions to prevent riots or restore normalcy would be welcome, the authorities must take immediate action on provocative writings. If suspected to be the main cause of communal flare-up, such articles may be thoroughly examined and immediate legal action taken, including the arrest of the editor/writer concerned. Legal cells in sensitive districts can be set up to examine carefully all objectionable writings and pamphlets put into circulation against any community. Penal action may be taken after an investigation to bring the culprits to book.

Dispute over places of worship are very common. Such matters may be dealt with on the basis of land/property records or historical evidence and traditional belief. In case it is not possible to sort out the matter through talks/deliberations etc, the best course is to refer the matter to the judiciary whose verdict should be final and binding.

Serious matters must be brought to the notice of high-ups through the normal chain of command and they may be kept fully informed about day-to-day developments, which are likely to mount tension. Special care needs to be taken and elaborate arrangements made during religious processions/functions - may it be a Dushehra or Moharram procession or Guruparv: police and volunteers must watch out for mischief mongers whose mindless action could cause a large-scale conflagration. Both roof and route arrangements as also traffic regulations may be made for smooth flow of processions.

Further, there should be a complete rapport between the top-ranking officers and those down the line. Riots in 1979 in Aligarh occurred due to lack of rapport between the Senior Superintendent of Police and his officers. Though the officer himself was described as upright and efficient, the communication gap proved disastrous.

The Police/District Magistrate must take prompt, preventive steps, including promulgation of prohibitory orders, should a situation warrant. If despite the precautions taken, communal disturbances occur, sterm and decisive action must be taken. Restoration of law and order is of paramount importance. In quelling a riot, the role of the police is an important factor. The force by its performance must be impartial and honest. Instances are not lacking where the police were accused of adopting a partisan attitude.

Excesses are bound to be committed by the lower staff in such cases. These need to be brought under check at all costs by the officers commanding such forces. Investigations into such charges and legal action against the erring officials can go a long way in setting a right example. The force used to quell a riot should not be excessive and firing should be resorted to according to the needs of the situation.

Proper education is necessary to understand each other. Lack of education among the fundamentalists has been a major factor in escalating tensions. Educative programmes on television may be shown. Secular-minded intellectuals and liberal religious leaders should be invited to speak at meetings and seminars on communal harmony.

The community with higher numerical strength in the affected area has a moral responsibility to ensure that they do not precipitate a situation and provoke the members of the other community, which is in minority. Tolerance and non-violence are the basic tenets of all religions. Religious tolerance is a must for communal amity.- CNF

TALES OF TRAVESTY
Who will form next Govt?

By Dr. Jitendra Singh

By the time this column appears again next week, the new State Legislative Assembly of Jammu and Kashmir would have come into existence. In about just another three days, the results of the State's first ever hi-tech electronic election will be out and with this will begin the inevitable politicking, bargaining and, if required, horse-trading preceding the formation of the new Government.

While the leadership of various contending political parties --- whether it be National Conference, Congress, BJP or PDP --- may be prepared to set aside their proclaimed manifestoes and public promises to strike alliances and alignments that strengthen their pursuit of power, it is up to the masses to remain vigilant about the leaders who betray their mandate to seize power.

If the National Conference (NC) falls short of gaining a clear majority but emerges as the single largest party, the Governor will still be bound to invite it and give it the first chance to form a Government. But, remember, the National Conference President Omar Abdullah has time and again gone on record to state that National Conference will form a Government only if it secures an absolute majority on its own. Omar Abdullah has publicly pledged to provide a dispensation which would be different as also much more committed, honest, corruption-free, progressive and accessible compared to the earlier NC regime which was incidentlally headed by his father. Similar pledge was also made by Dr Farooq Abdullah when he bequeathed the throne from his father Sheikh Mohd Abdullah --- but that is besides the point. For the time being, it will be interesting to watch whether Omar actually chooses to sit in the Opposition if his party emerges as the single largest party but falls short of an absolute majority. This indeed will be the first major test of young Omar's potential to keep his word in public life.

In case Omar Abdullah also seeks to become a Chief Minister by engineering a couple of defections from other parties, or by doling out cabinet berths or business permits or meaty favours to Independent or non-NC MLAs, it would mark a sad beginning to the maiden term of young CM who otherwise held lot of expectations for his people.

Equally interesting would be to watch the conduct of the Congress party after the new Assembly comes into being. Mr Ghulam Nabi Azad is on record having said that the Congress will not associate itself either with the National Conference or with the BJP in a bid to form the Government. Now, keeping in mind the past record of the Congress which had at one time allied itself with the Muslim League in Kerala and the Shiv Sena in Maharashtra, it would indeed be a remarkable departure from the Congress party's trade-mark politics of expediency if Mr Azad actually manages to pursuade his flock of MLAs to sit in the Opposition rather than violate the promise of not allying with the NC or the BJP.

The BJP itself may not succeed in showing up much strength in the new Assembly but its future antics will be watched with interest considering its past hobnobbing with the NC on the one hand and the Jammu State Morcha on the other hand. The Mufti's PDP and the Lone's Independent candidates, if elected in respectable number, may end up holding the trump card.

On the whole, what is importnat to understand is that it is going to be no clash of ideologies or conflict of manifestoes in the post-election scene. Whatever might have been their pre-election postures, when it comes to joining hands for power, even the diagonally opposed political groups and paties will be ready to tie the knot and enter into a marriage of convenience. Those earlier condemned as unsecular may get embraced as secular and those earlier hailed as secular may get dumped as unsecular.

Be that as it may, it is now the responsibility of the common man to keep an account of "Who forms the next Government and how?" The voter may not have the right to recall his elected representatives but he certainly has the right to publicly disrobe the political masqueraders who disown him soon after securing his mandate. Umapathy's unrequited predicament finds voice in poet's lament "Shahar Mein Mohtabir Woh Meri Gwaahi Se Hua, Phir Shahar Mein Na-Mohtabir Usne Mujhe Kiya!"

Dwindling economy

By Sain Dass Sumbria

Aperson having even an ele-mentary knowledge in Eco-nomics and Financial matters can easily and explicitly spell out inter relation between the Demand Production, Labour Market, Supply, Price Fluctuations and Inflation Rate etc. It is fundamental law in economics that shortfall in production viz-a-viz high velocity demand have adverse impact on supplies in market thereby causing spurt in prices evidently hike whole-sale consumers price index (WCPI) and blatant slide in inflation rate. This trend however travels backward in the case of growth in production and surplus supplies in the market. This principle has not stood upright in the present day economic scenario in India. Despite supply of all commodities in the market in abundance, the prices of these commodities excepting a few luxurious items are soaring.

It is very astonishing syndrome that inflation rate is falling down very rapidly, yet the prices at all level especially those of essential goods are rising with the same speed. The whole sale price Index (WPI), (base year 1993-94 = 100 points), has arisen to 167.4 points, the week ending August 20th this year against 161.6 points a year's ago. The rate of inflation touched 3.59 percent during the week ending August, 20th, this year which is still lower than 5.14 percent in the corresponding period last year. The rise in whole-sale consumers price Index has been mainly attributed due to upsurge in the prices of food and non-food items, cereals, manufactured products, Sugar, Gur, Ghee, Hydrogenated Vanaspati and Textiles etc. The decline in inflation rate generally represents slide in the consumers price Index and availability of all commodities at cheaper rates. Is it so? To what extent? If not why? The position is quite contrary. The consumers price Index Industrial worker (CPI-1W) that was 457 points ending June, 2001 (base year 1981-82 = 100 points) has now raised to the level of 476 points by the week ending June, 2002. Likewise the whole-sale price Index (WCPI) base year 1993-94 has arisen to 167.4 the week ending August, 20th, 2002 as against 166.6 points a year's ago. There is thus not an iota of truth in the claim of the Government that prices of all commodities have, not only, stablized rather clandestinetly declined in the backdrop of desired economic growth in products to the policy of liberalization, or free market or globalisation. These have undoubtedly increased manifold in past one decade and economic conditions of the country significantly deteriorated. It is also an indication of the success of measures undertaken by the Government for improvement of collection recovery of revenue receipts, affective control over "unproductive and avoidable wasteful non-plan expenditures", fair spending of plan funds on developmental schemes and steps to narrow down the budgetary gap or fiscal deficit. How for the Government of India (GOI) has succeeded on this front? The fiscal deficit for 2000-01 that was anticipated rupees, 1,16,314 crores (B.E. 2000-01) 4.5% of goods domestic product (G.D.P) shouted up to Rs. 136.211 crores (5.9% of G.D.P) of that year. The reasons for the widening gap has been mainly ascribed to the poor revenue collections and high spending during 2001-02. Despite several measures undertaken by the Government such as steps for improvement of revenue realization, downsizing the expenditure, and dis-investments of Public Sector Undertakings (P.S.Us) etc. during the fiscal year to narrow down the budgetary gap, the fiscal deficit has widened. According to the data available from the Governments of India own source, an amount of Rs. 152797.98 crores of direct and indirect taxes was locked up in litigation in various courts as on 31.3.2002. Besides 1,10,000 crores involvement in cases are pending recovery, before debt recovery Tribunals, rupees 25080 crores locked up nationwide before the Commissioner of Income - Tax (Appeals rupees 7569 crores on account of indirect taxes before various other forum indirect taxes.

Tax evasion now-a-days, has become, the order of the day such phenomenon, besides shortfall in the revenue receipts, causes widening of the budgetary gap, thus forcing the Government to issue extra currency to that extent thereby leading to upward slide in inflation rate, that ultimately generate black money, which plays a vital role of "Parallel Economy" at National level. Every year instead of recovery of huge outstanding arrears of revenue and loans, heavy taxation is levied by fresh taxes, withdraw of course, gradually. The direct subsidies available to farmers and rural poor, i.e. subsidy on fertilizers, food grains, sugar, cooking gas, kerosene oil and fuel etc. to bridge the budgetary gap. The common man is awfully burdened with the load of direct/indirect taxes. This process has significantly contributed in rapid decline of the purchasing power of the people. Frequent issue of currency notes in excess of the value of gold reserves held by the Reserve Bank of India (RBI) an unabated black money generations play an important role in the fluctuation of inflation rate that has direct bearings with the real value of currency (Rupee in India) that increases or decreases with the fluctuation in price Index on each occasion. The rupee value that was Rs. 38.71 for U.S Dollar by the week ending September 5th 1998 has weakend by Rs. 9.80 compared to US Dollar and is now Rs. 48.51 per US $ by the week ending August 20th this year. Whereas the shortfall in the value of rupee, both at the National and International levels necessarily have adverse impact on the growth of our economy, it also disturbs our "Foreign Exchange Resources and balance of payments as also proportionately increase the quantum of our loan liability and interests thereon. It also compels the business community to sell goods in the International market at cheaper rates to sustain competition, but at the same time, at higher rates to the consumers within the country to overcome the losses at international level. The goods manufactured for sale within the country of the same quality or even inferior quality thus become dearer and beyond the reaches of common man, who in the process ultimately loses the purchasing power. One of the factors for recession in the market or sluggish demand of goods is the loss in purchasing power of the common people, who are the bulk consumers of the commodities especially for essential nature.

Another factor for the anxiety of the Government was increasing trend in non-performing Assets (NPA) and Bad Debts in the Nationalized/Scheduled Banks. The amount of rupees 1,10,000 crores taken as loans by the business community, big business houses and corporate sector from the Nationalized Banks and other Public Financial Institutions was locked in default as on 31.3.2002 exclusive of interest due has now become irrecoverable and thus classified as bad debts. In case the interest due on these loans is also added, the amount of liability may cross Rs. 1,75,000 crores market. The position of NP. As with the banks is also not different. It has also touched to 10.7 percent of their capital. In order to provide an additional liquidity of Rs. 3500 - 4000 crores to the banking sector, the Apex Bank, reduced in cash credit ratio by 1/2 percent to five percent w.e.f. 15.6.2002.

According to the Miaro-economic survey report, the growth rate of 5.7 percent in Agriculture sector and 3.3% in Industrial sector as against 5% and 6.2% stated for 2001 - 02 was achieved. The overall growth rate was however claimed Rs. 5.4% . On the basis of their data, the growth rate for 2002-03 was slated at 6-6.5%. In the monsoon session of the Parliament, the Union Finance Minister scaled down the growth rate to 5.5%. Some micro-economic organisations have however projected even lower growth rate with the "Centre for monitoring Indian Economy/CMIE) forecasting 3% growth rate. A few analysts, however, place the growth rate between 4% to 5% depending on Agriculture production.

All claims of improvement in economy are thus false, fabricated and unfounded. This is most disgusting.

Justice for undertrials

By G Ravindran Nair

There are over 2,04,480 undertri-als languishing in jails across the country, the maximum being in Uttar Pradesh (44,269), followed by Bihar (39,449), Madhya Pradesh (18,501), and Maharashtra (13,960). The number of undertrials in Andhra Pradesh is 8,557, that in Orissa 8,009 and Punjab 7,430, according to latest official data.

The Union Government has expressed grave concern over such a large number of undertrials thrown behind bars without their cases ever being disposed of. The states have been told to accord top priority for the disposal of cases and fill up the vacancies of judges in subordinate courts as early as possible.

According to official sources, the states spend more than Rs 461 crore annually on the undertrials. If the pending cases are disposed of expeditiously, the funds thus saved could be transferred to the welfare of prisoners, ex-prisoners and ex-convicts. It is widely known that many of the undertrials have spent more years in jails than the maximum punishment centemplated under the Indian Penal Code for the crime they have committed.

Statistics lay bare the startling facts. Of the total number of undertrials in jails, 2206 have been in detention for over five years, with Bihar topping the dubious record (1,713), followed by Delhi (100), Uttar Pradesh (99) and Madhya Pradesh (87), West Bengal (3) has the lowest number of undertrials vegetating in jails for over five years followed by Maharashtra (6) Andhra Pradesh (7), Orissa (12) and Punjab (22), On an average Rs 55 per day is being spent by the State Governments on an undertrial.

The Criminal Procedure Code clearly stipulates that undertrials be tried within six months after their case is listed for trial. But the ground situation is totally different. Trial hearings are invariably adjourned. Sometimes the lawyers go on strike or the judges are transferred resulting in more delays.

Where the law is clear in respect of expeditious trial, the system has not risen to the letter and spirit of the law. The Law says that after an accused is arrested, he has to be produced before a magistrate who can send him to either police or judicial remand for a period not exceeding 15 days. If the accused is charged with an offence where punishment is 10 years of imprisonment or more, this case has to be sent to the sessions court. A challan has to be filed in the court within 90 days and the court, as per Section 309 CrPC, should set the trial date.

According to lawyers, both sections 309 and 167 (5) prescribe a limit of six months to complete the trial of a case. Section 167 relates to cases triable by magistrates while section 309 lays down the same limitation in cases triable by sessions judges. In most of the cases, prescribed time limit is seldom adhered to, with cases adjourned time and again.

Judges have a genuine complaint: they are overburdenend with cases and therefore cannot decide matters in time. An evidence takes several weeks in a case. And when lawyers go on strike, it results in piling up of case files before a judge. While lawyers say that the courts need more judges, the lawyers themselves are guilty of seeking unnecessary adjournments.

In March 2001, the Supreme Court of India ordered the release of undertrials whose trial proceedings had exceeded five years. This was indeed a welcome decision in that it intended to ease the overcrowding in jails across the country and provided the long-delayed justice to many undertrials.

The Indian judicial system is notorious for delay and cases drag on endlessly and it may take years before a case even comes up for trial. It is a tragedy compounded when the accused, many innocent or booked for petty offences, end up wasting several years of their life in prison. Many undertrials languish in prisons for a longer period than the terms they would have to serve if they were found guilty by the courts.

The number of cases pending in the Supreme Court early last year was around 21,567; out of this 8472 had been pending for over two years and 645 cases for more than 10 years. In the High Courts, the number was 32.04 lakh out of which 18 lakh had been pending for over two years and 5 lakh for over 10 years.

In Lower Courts there were 2.01 crore cases pending out of which 8.19 lakh were pending for over 10 years. In December, 2000 K K Usha, the then Chief Justice of Kerala, confessed: ''We cannot but accept the fact that we are facing a very difficult situation in the matter of managing the ever increasing flow of litigation into our different courts.'' As on November 3, 2000, the Kerala High Court had a pendency of 1,09,236 cases. Of this 1,000 were more than ten years old.

One of the major reasons for the delay in cases coming up for trial is the huge back log of cases. There are far too few judges and courts to deal with the huge number of cases. We need to increase the number of courts and fill up the existing vacancies of judges. It is good augury we have set up fast track courts to facilitate speedy disposal of cases and clear the backlog of cases.

On May 6, 1996, in a landmark judgement the Supreme Court ordered the release on personal bonds of certain categories of undertrials whose cases were pending trial for long. This offered relief to tens of thousands of undertrials languishing in jails all over the country.

Justice Jeevan Reddy and Justice S B Majumdar passed the order while hearing a petition by common Cause, a leading organisation championing human rights. The order said that in cases of offences punishable with imprisonment not exceeding three years, where the trial is pending for one year or more and the accused is in jail for six months or more, the accused shall be released on personal bond.

For offences for which the sentence is imprisonment exceeding five years and if trials are pending for two years and the accused has been in jail for six months, he may be released on personal bond. The apex court opined that in case of offences punishable with seven years or less and if the trials are pending for two years or more, and the accused are in jail for a period of one year, the person may be released on personal bond.

It was the decision of the apex court that in case of traffic offences pending for more than two years because of non-serving of summons to the accused, the accused may be discharged and the cases closed. In the case of compoundable cases pending for more than two years, after hearing the public prosecutor and the parties concerned, the court may discharge or acquit the accused.

Non-cognizable and bailable offences where there is a pendency of more than two years can be closed, said the judge of the Supreme Court. Where the punishment is only a fine and the case is pending for more than a year, the court shall discharge or acquit the accused. Cases which are pending for more than a year where punishment is below one year imprisonment, the court shall discharge or acquit the accused and close the case.

In a particular case the same year, i.e. 1996 the Delhi High Court secured the release of 107 poor prisoners who were languishing in jail because they could not raise the amount required for setting them free on bail.

It is a matter of great pride for those concerned with human rights that the Supreme Court has intervened time and again to defend the rights of undertrials in the country. On May 10, 2001, the Supreme Court held that when a criminal is convicted in different cases, the sentences awarded to him would converge into one and it would be reduced correspondingly to the time he was in jail as an undertrial.

A three-judge bench headed by Justice K T Thomas said that the period during which the accused was in prison subsequent to the inception of a particular case should be credited towards the period of imprisonment awarded as sentence in that case. ''Section 428 of the Criminal Procedure Code (CrPC) permits the accused to have the period undergone by him in jail as an undertrial set off against the period of sentence imposed on him irrespective of whether he was in jail in connection with the same case during that period,'' Justice Thomas said.

''To have speedy justice is a Fundamental Right which flows from Article 21 of the Constitution Right to Life),'' said the Supreme Court on March 23, 2001. ''Prolonged delay in disposal of trials and thereafter appeals in criminal cases, for no fault of the accused, confers a right upon him to apply for bail.'' said the bench of the apex court. The Supreme Court requested ''the Chief Justices of the High Courts, where the criminal cases are pending for more than five years to take immediate effective steps for their disposal by constituting regular and special benches for that purpose.''

Delivering the judgement, Justice R P Sethi said ''if an appeal (in a criminal case) in not disposed within the aforesaid period of five years, for no fault of the convicts, such convicts may be released on bail on such conditions as may be deemed fit and proper by the Court.''

It is widely acknowledged that one of the major reasons for the overcrowding in most of the prisons in our country is the large presence of undertrials, kept without trial for an indefinite period. The undertrials pay a heavy price for a ramshackle system. In June 2000, the National Human Rights Commission issued a direction to the Chief Justices of all the 18 High Courts requesting them to take steps for decongestion in jails and expeditious disposal of cases.

Indian jails are crammed to the ceiling with prisoners, in certain cases 400 per cent more than the stipulated capacity. The prison administration spends more than 43 per cent of its annual budget on those prisoners who might either be innocent or petty offenders and their number according to the National Police Commission exceeds 60 per cent of the total prison population.

Such startling facts were revealed in the status report on Indian jails prepared by former BSF Director-General T Anantachari. The report was released at a workshop in New Delhi on December 10, 1994, on the anniversary of Human Rights Day.

According to the report, most of the undertrials were petty offenders like ticketless travellers. They were in jail just because they couldn't pay the fines imposed on them by the courts. The Ananthachari report quotes the Mulla Committee findings and says: ''A large number of offenders sent to prisons do not require any therapeutical correctional treatment. They are as normal as citizens outside prison walls and they need to be protected from the harmful effects of exposure to prison life.''

The status report points out that despite several committee reports and Supreme Court directions, there has been no solution to trial delays. ''During a visit to the Tihar jail in Delhi, the undertrial prisoners spoke with one voice and with deep anguish, frustration and helplessness about the enormous injury caused to them due to inordinate delays in courts.''

The report said ''no one aspect of prison administration has affected the human rights of prisoners as delays in trial, for which the police, judiciary and the legal profession are all to blame.''

According to the report, the delay begins at the investigation stage; in most cases, chargesheets are filed very late; then there is delay during the service of summons to witnesses; delay in supplying copies of relevant documents, and to crown it all, there is maximum delay when evidences are to be recorded. It has been found that in certain cases, it has taken eight years to examine witnesses and record evidence. Defence and prosecution lawyers also contribute to the trial delay.

Fast-track courts have come up in a few states including Maharashtra to cut legal delays and relieve the agony of the hundreds upon thousands languishing in jails and waiting for justice. Maharashtra is even thinking in terms of conducting hearings in the jail premises. The state is also contemplating a pilot project to use video-conferencing for settling undertrials' cases in select jails in Mumbai, Thane, Nashik and Pune.

''I have spent six years of my life here,'' laments an undertrial in the Bangalore Central Jail. Whatever be the causes, can I ever get them back? This might be the nagging question racking the minds of thousands of undertrials who might have spent more years in the jails than any conviction, if any, would have warranted.

Will the state give them back the years that they would have normally spent with their dear ones in the family or at the workplace where they would have earned honest bread if their trial was conducted within the reasonable time.

Will we ever wake up out of a situation where we go on debating and debating for years together and do next to nothing despite the directives from the highest court of the country on the vital need of meeting out justice to the undertrials? Enough of committees, workshops and seminars.

It is high time that the nagging guilt smote our conscience and that we decongested our jails by letting off those who deserve a better deal.

PTI Feature

 



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