Top court slams 'optics' of criminal justice system

The Supreme Court on Tuesday came down heavily on the state of criminal investigation and prosecution in the country, lamenting that the justice system has come to rely on mere “optics” of arresting and jailing accused individuals, while neglecting institutional reforms, scientific investigation and witness protection mechanisms.

- Utkarsh Anand

“We only send people to jail and feel there is an optics that criminal laws are working in the country... There is a colonial hangover in investigation and prosecution,” a bench of justices Surya Kant and Joymalya Bagchi remarked during the hearing of a plea filed by the Chhattisgarh government seeking revocation of interim bail granted to four accused in a case concerning an illegal levy on coal, including two suspended IAS officers anda former deputy secretary in the chief minister's office.

The court reserved its verdict on the plea and expressed grave concern over the lack of investment in forensic infrastructure, specialised prosecution wings and witness protection programmes. “The only way of protecting witnesses seems to be keeping the accused in jail. There is no investigating agency in the country which has invested in protecting witnesses so that the purity of criminal laws remains intact,” the bench lamented.