2022: A Watershed Year For Criminal Justice System

The Supreme Court of India is the largest law factory in the world.  It interprets innumerable laws and decides myriad types of legal disputes in a year. To select the ten most significant judgements in a year, is a subjective task. With this rider, in my view, ‘criminal justice’ was the most significant subject on which the Apex Court delivered certain judgements with far reaching implications in the times to come. Issues and problems concerning the Indian criminal justice system were given due importance by the Apex Court throughout 2022. Some of the decisions I have selected are not long judgements but are short orders that would have an impact on the criminal justice system at the ground level and hence lies their significance. 

Satender Kumar Antil is a landmark judgement delivered by the Bench of Justices Sanjay Kishan Kaul and M.M.Sundresh on ‘bail justice’. The judgment recognizes the harsh reality of denial of bail by courts on certain prejudices against the accused. Many courts deny bail due to the de facto mindset that since the accused would go scot free eventually for lack of evidence and hostile witnesses, his incarceration in jail for long years during the trial is justified as this is the only ‘punishment’ that can be served on him for the crime the judge ‘believes’ he has committed. The Apex Court has recognized that ‘jail, not bail’ was more prevalent at the ground level even though the law says ‘bail, not jail’ and ‘bail is the rule and jai an exception’. The judgement calls upon the Government to consider legislating a separate law on bail justice, like laws in the United Kingdom and other countries. The judgement is significant for its bold recognition of judicial prejudices and call for ushering ‘bail justice’ in India.

The grant of bail to Indrani Mukerjee by the Apex Court in a case of murder of her daughter Sheena Bora, de hors the serious allegations of brutal killing, abduction, destruction of evidence by burning the dead body, on the ground that the accused had been in jail for over six years and only 68 out of 237 prosecution witnesses had been examined, would hopefully set the trend of bail in heinous offences by the District and High Courts. Bail in murder cases has been a rarity. I have seen innumerable accused men languishing in jails for even up to fifteen/twenty years without bail and eventually acquitted by the courts. Let’s hope this injustice would be reduced even if not eradicated, with this order granting bail to Indrani Mukerjee.

In S.G.Vombatkere, the Supreme Court noticed the misuse of the offence of sedition punishable under section 124-A of the Indian Penal Code, 1860 and directed that the law be not used till the Government reviewed it. Operation of laws is generally not put on hold. However, this order of the Apex Court sends the message loud and clear, that colonial and Draconian laws have no place in modern India. The Government of India has taken the initiative to review colonial criminal laws.

In Vijay Mdanlal Choudhary, the Apex Court has with crystal clarity interpreted the numerous provisions of the Prevention of Money-Laundering Act, 2002. The application and scope of PMLA had been a vexed issue, with the law enforcement agencies interpreting the law very broadly to cast the net far and wide while the accused calling for a narrow construction. The Apex Court has clearly laid down the ingredients of the offence of ‘money-laundering’ and ‘proceeds of crime’ apart from the assets that can be attached and confiscated. The Apex Court has also over-ruled its earlier judgment in Nikesh Tarachand Shah wherein the stringent bail conditions of the accused having to make out reasonable grounds for the court to believe that he is not guilty and is unlikely to commit any offence while on bail were struck down as unconstitutional. While I don’t agree with this part of the judgement, due to the abysmally low conviction rate and the risk of innocents languishing in jails for long, it’s the law of the land today.

In Mohammad Zubair, the Apex Court has once again demonstrated its zealous protection of liberty of citizens who are hounded by multiple FIRs across different states on allegations of hurting religious feelings etc. The petitioner was accused of posting certain Tweets against Hindu saints, religion and sentiments. He was granted protection against arrest in the multiple FIRs. This and many cases demonstrate the independence of our judiciary and that all citizens enjoy the right to life and liberty irrespective of their religion.

The Supreme Court has showed its independence while granting interim bail to Teesta Setalvad who has been accused of levelling false and malicious allegations against the then Chief Minister of Gujarat Narendra Modi (now Hon’ble Prime Minister). The High Court of Gujarat had listed the application for bail of Setalvad after about one and a half months, which wasn’t acceptable to the Apex Court.

The Apex Court has come down heavily on allegations found to be false and malicious against Narendra Modi as the Chief Minister of Gujarat, in the riots in Gujarat following the burning of a train in Godhra on 27th February 2002, in Zakia Ahsan Jafri. The message is loud and clear, that the Apex Court will not tolerate allegations that have been found to be false and malicious by an SIT (Special Investigation Team) appointed by it and after a thorough inquiry.

The administrative decision of Chief Justice D Y Chandrachud to list ten bail applications every day before every bench of the Supreme Court reinforces the importance of criminal justice in India.

I would call 2022 as a watershed year in which the Apex Court took up the cause of the criminal justice system in right earnest. The journey towards criminal justice is ever-evolving and I see this quest of the Apex Court to improve the criminal justice system in India to be carried forward in 2023 as well.