New Criminal Laws Will Lead To Police Raj: Delhi Bar Council Members Write To Home Minister

In a significant development, the Vice Chairman, two members and the Honorary Secretary of the Bar Council of Delhi recently wrote a joint letter to the Union Home Minister Amit Shah requesting him not to implement the three new criminal laws slated to replace the Indian Penal Code, Criminal Procedure Code and Indian Evidence Act.

On the issue of police remand period enlarged from 15 to 90/60 days, the letter said that giving Police such long rope was atrocious and most dangerous, making them more authoritative to conduct custodial violence.

"It has serious evil consequences. Every lawyer and public understand, as it gives police 4 to 6 times long period of custody to subject a person arrested, to harass and commit atrocities and an instrument in the hands of unscrupulous police officials to commit atrocities and custodial torture. It's against Fundamental Rule of Civil Liberty and Human Rights. The remand period under the old Cr.P.C. was restricted to 15 days to avoid harassment and expeditious investigation by Police and check arbitrary functioning of investigating agencies. The police can't be made to assume such powers under criminal justice system," the letter added.

On the issue of Handcuffing of Accused, the letter stated that handcuffing was held to be inhuman, unreasonable and against the Constitution in case of Sunil Batra and Prem Shankar Shukla (1980).

"It will change police attitude and increase accused vulnerability for extortion of confession and other fabricated evidence. Giving such powers to handcuff without the permission of Court will be detrimental and another act of legislative atrocities, if not an act of authoritative terrorism," the letter added.

On the issue of Community Service as a punishment, the Bar Council members stated that Community Service as a punishment for an offence was arbitrary, unregulated and unspecific, apart from being impracticable.

"Under the new Code, Community Service has not been clearly defined, which will lead to a very dangerous trend by imposing punishment arbitrarily and in an undignified manner. Take for example, cleaning of Public Toilets or cleaning streets etc. This is totally against the human dignity," the letter added.

The letter highlighted various other issues pertaining to organised crime, mob lynching, terrorist act, video trials, admissibility of documentary evidence etc.

The letter said that, "the Rule of Law iss prosecution not persecution based on fair and independent investigations; we are afraid that this is going to be the biggest casualty under the amended laws. In any civilization, the Police cannot be given such free hand and wide powers, since it may lead to a Police Raj rather than a rule of law as per the Constitution of India."

Signatories of the letter

1. Sanjeev Nasiar, Advocate, Vice Chairman, Bar Council of Delhi

2. KC Mittal, Former Chairman & Member, Bar Council of Delhi

3. Himal Akhtar, Ex Vice Chairman & Member, Bar Council of Delhi

4. Kumar Mukesh, Honorary Secretary, Bar Council of Delhi