“When I mention the necessary infrastructure, I mainly refer to the number of judicial officers, courts, forensic experts, and police personnel. The Congress/UPA era laws were doomed to fail because that regime lacked the resolve to increase the number of judges or implement other essential reforms, which ultimately denied the public the benefits of faster case resolution,” the letter stated.
NEW DELHI: On Friday (12th July): Following the implementation of three new criminal laws in the country, former Supreme Court Bar Association (SCBA) president and senior advocate Adish Aggarwala wrote to Prime Minister Narendra Modi, recommending measures to enhance the enforcement of these laws.
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In his letter, Aggarwala urged the prime minister to increase the number of police personnel, judicial officers, public prosecutors, and court management staff.
“The laws introduced during the Congress/UPA era aimed at time-bound judicial processes failed because they were implemented without the necessary infrastructure to support expedited justice delivery,”
said Aggarwala.
“When I mention the necessary infrastructure, I mainly refer to the number of judicial officers, courts, forensic experts, and police personnel. The Congress/UPA era laws were doomed to fail because that regime lacked the resolve to increase the number of judges or implement other essential reforms, which ultimately denied the public the benefits of faster case resolution,”
the letter stated.
Praising the three new laws, Aggarwala, who is also the chairman of the All India Bar Association (AIBA), said these laws have generated hope among the public that the era of endless adjournments without justice will finally come to an end.
“Regarding the present times, the citizens of our great democracy have largely welcomed your reforms and view you as a beacon of hope, who has ended colonial-era practices by enacting these new laws. Truly, only a leader of your courage and strength could have ensured the smooth passage of these laws, even at the risk of disrupting the status quo that hampers our slow judicial and police systems,”
Aggarwala’s letter stated.
The senior advocate also noted that, as the government has lost its majority and is now in a coalition, some frustrated elements are opposing the new laws.
“Now that you have assumed the role of Prime Minister of India for a historic third term, supported by the TDP and JDU, some frustrated elements who never previously opposed these three criminal laws are suddenly rallying against them, despite the fact that even the sitting Chief Justice of India, Dr. Justice DY Chandrachud, has endorsed these Acts, stating that the new Bharatiya Nagarik Suraksha Sanhita (BNSS) offers a comprehensive approach to addressing crimes in the digital age,”
Aggarwala said.
“Mr. Kapil Sibal, who succeeded me as President of the Supreme Court Bar Association, has also criticized these three Acts. In a recent instance, Mr. Sibal went as far as to say that these laws are much worse than the repealed colonial laws. Mrs. Indira Jaising criticized these three Acts as well, stating that they will create a mess,”
the letter read.
Citing historical challenges and the existing backlog of over 40 million cases in Indian courts,_ Aggarwala emphasized the urgent need for more judicial personnel and improved court facilities. He also pointed out the deficiencies in police force numbers and the critical shortage of forensic experts, essential for thorough investigations and analysis.
Praising the prime minister for taking a bold step, Aggarwala said,
“Given your proven track record, first as the Chief Minister of Gujarat and now as the Prime Minister of India, I have firm faith that if these Acts are properly implemented and supported with adequate infrastructure, everyone, regardless of political affiliation, will recognize you as the leader who championed the cause of delivering timely and measurable justice to every citizen of the country.”
