In an interview with Media, Sibal emphasized his intent to urge the government to review these laws if supported by the Supreme Court Bar Association (SCBA), where he currently serves as president.
NEW DELHI: On 6th June: Rajya Sabha member and senior advocate Kapil Sibal expressed strong concerns over the new criminal laws, labeling them as more draconian and susceptible to misuse by enforcement agencies, akin to the Unlawful Activities (Prevention) Act and the Prevention of Money Laundering Act (PMLA).
The laws are set to come into effect on 1 July.
In an interview with Media, Sibal emphasized his intent to urge the government to review these laws if supported by the Supreme Court Bar Association (SCBA), where he currently serves as president.
Sibal, a former Congress leader, clarified that he would not directly appeal to key coalition partners in the NDA government, such as Nitish Kumar and Chandrababu Naidu, but would act if the SCBA collectively endorsed the move.
He underscored the lack of consultation in the formulation of these laws, noting that only government-aligned lawyers were heard during the committee hearings.
“Frankly, most of us in the bar, including myself, are not sufficiently concerned with the bar’s affairs and its crucial role in nation-building. In liberal countries, the bar is at the forefront of change, but here, we are far from leading that change,” Sibal remarked.
He continued,
“We have accepted the status quo. We are primarily focused on going to court, arguing our cases, going home, and preparing for the next day. We don’t reflect on why we are members of the bar, our role as lawyers, or our duties to the nation. I believe we have all forgotten these responsibilities.”
Reflecting on his recent landslide victory in the SCBA elections after a 22-year hiatus, Sibal shared his initial reluctance to re-engage in bar politics but ultimately responded to the broad support from SCBA members.
Sibal also critiqued Prime Minister Modi’s governance style, suggesting that Modi, accustomed to a majority government, might struggle with coalition governance, which requires greater consensus. However, he acknowledged Modi’s political acumen, differentiating it from his capabilities as a prime minister.
Commenting on the bar’s independence, Sibal lamented its decline and political polarization. He reminisced about a time when legal professionals maintained a separation between their political views and their professional responsibilities, emphasizing the bar’s crucial role in societal change and nation-building.
Regarding the functioning of the judiciary, Sibal expressed concerns about the lack of uniformity in institutional procedures. He clarified that his criticisms were not due to the judiciary’s pro-government judgments, but because he finds some verdicts, like the ADM Jabalpur decision, to be “inherently flawed.”
“Every institution must have procedures that inspire stakeholder confidence. Why is it that some high courts operate without issues and the bar has no complaints? Unfortunately, there is a problem that even the judiciary acknowledges. When we criticize the judiciary, it appears as though we are dissatisfied because the judgment favors the government,” he said, emphasizing that his criticism is rooted in “fundamental issues of procedures.”
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Regarding the judiciary, Sibal criticized the collegium system for judicial appointments but opposed government intervention in the process. He stressed the need for the judiciary to introspect on its appointment mechanisms and ensure procedural uniformity to maintain public confidence.
He highlighted concerns over issues like “power of the roster” and delays in bail judgments, advocating for consistent judicial procedures to reinforce the judiciary as a check against excessive power.
NEW CRIMINAL BILLS RECOMMENDATION
The Committee has also suggested several other amendments and definitions to strengthen the bill. These include defining terms like ‘community service,’ ‘gang,’ ‘mafia,’ ‘crime ring,’ and specifying the nature of community service and the responsibility for supervising it. Additionally, the Committee recommended rephrasing the term ‘mental illness’ to ‘unsound mind’ to avoid legal complications during trials.
The introduction of these bills marks a significant step in the overhaul of India’s criminal justice system, aiming to modernize and make it more inclusive and equitable. The Bharatiya Nyaya Sanhita, along with the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Bill, were introduced by Union Home Minister Amit Shah and referred to the Standing Committee on Home Affairs for further deliberation.
