NEW DELHI: Several former Supreme Court judges believed that the practice of torturing an accused was rampant in the criminal justice system, according to a report released by the Centre on Death Penalty of the National Law University, with one judge even pointing out that seasoned criminals would not yield to “mere casual questioning”.
In the report — “Matters of Judgment” — a study on the criminal justice system and death penalty in India, one of the judges said he was in dismay when during an event at the National Judicial Academy, Bhopal, he found out that the majority of the participating judges were of the view that the truth behind a crime would not come out unless the police had the power to torture.
“Five of 12 former judges, justifying torture, said the police resorted to it because the investigating agencies worked under strenuous conditions, without adequate time and independence to investigate cases,” the report said.
The study also records the acknowledgement and concern of the former Apex Court judges about the “crisis” in the country’s criminal justice system, on account of the widespread prevalence of torture, fabrication of evidence, the abysmal quality of legal aid and wrongful convictions.
Of the 39 former judges, who discussed the prevalence of torture in the criminal justice system, 38 believed it to be rampant, while one former chief justice of India was of the opinion that there was no torture.
“Seasoned criminals…They will not yield to mere casual questioning,” said a judge, who has served in appellate courts for 22 years. (AGENCIES)
Follow our WhatsApp channel