Justice Madan B Lokur in his recent article presents a critical examination of the Indian criminal justice system, emphasizing the notion that “the process is the punishment.” This phrase, originating from a 1979 book about American lower courts, was reiterated by the Chief Justice of India (CJI) in July 2022.
Thank you for reading this post, don't forget to subscribe!
BHARAT: Justice Madan B Lokur‘s article presents a critical examination of the Indian criminal justice system, emphasizing the notion that “the process is the punishment.” This phrase, originating from a 1979 book about American lower courts, was reiterated by the Chief Justice of India (CJI) in July 2022.
The CJI highlighted issues such as indiscriminate arrests, difficulty in obtaining bail, and prolonged incarceration of undertrials.
Justice Lokur builds upon this analysis through two illustrative cases: Arundhati Roy and Medha Patkar, contrasting them with incidents where government officials have evaded accountability despite severe consequences.
Arundhati Roy’s Case
In 2010, Arundhati Roy made a speech deemed objectionable by some, leading to her prosecution under the Unlawful Activities (Prevention) Act. Fourteen years later, in June 2023, the Lt. Governor of Delhi sanctioned her prosecution, keeping the “prosecutor’s sword” over her head all these years. Lokur emphasizes that this prolonged uncertainty equates to a form of life imprisonment. He states:
“This is nothing but the process being the punishment, as the CJI tells us.”
Despite this prolonged period, her trial has not commenced, nor has a chargesheet been filed. Justice Lokur warns that if she is arrested now under the draconian law, it would severely impact her personal liberty.
Medha Patkar’s Case
Medha Patkar was recently convicted of criminal defamation for a statement made in 2001, 23 years ago. The complainant was the same Lt. Governor of Delhi. She was sentenced to five months in prison and ordered to pay Rs 10 lakh in compensation. Lokur questions whether Patkar has the financial capacity to pay this amount and the potential consequences if she cannot, implying more prison time.
“The compensation was for the ‘extensive harm and prolonged suffering that the complainant had endured over the 23-24 years of the legal battle.”
Contrasting Cases of Negligent Officials
Justice Lokur juxtaposes these cases with incidents involving government negligence. In May, a massive illegal hoarding collapsed in Mumbai, killing 17 people and injuring over 70. Despite its illegal status and size, only one police officer was suspended, with no other actions taken against responsible officials. Lokur questions:
“Are government officers not accountable? No legal process for them?”
Similarly, a fire in an illegal children’s hospital in Delhi killed seven newborns. The hospital had been operating illegally for months, yet no government officials were held accountable. Action was taken against the hospital management, but not against any municipal, health, or fire department officers. Lokur asks:
“Again, are government officers not accountable, even for their criminal negligence in not taking action against a so-called hospital?”
Justice Lokur concludes that there are two systems of criminal justice in India: one for citizens like Roy and Patkar, where the process itself is a form of punishment, and another for negligent officials, where the absence of any process is the punishment for society. He questions which system we prefer and whether there is a right to justice:
“So, we have two systems of criminal justice administration operating in the country — one for citizens like Roy and Patkar and another for criminally negligent officers. In one system, the process is the punishment for the citizen, and in the other, the absence of any process is the punishment for society. Which one do you prefer? Is there a right to justice?”
Justice Lokur’s article sheds light on the inherent flaws and biases within the Indian criminal justice system, urging a reflection on the fundamental right to justice and the need for accountability at all levels.
Click Here to Read Previous Reports on Justice Madan B Lokur
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
CREDIT: When the process is the punishment by Justice Madan B Lokur-Former Judge, Supreme Court
