Supreme Court's Justice Oka pulls up Maharashtra govt for poor judiciary infrastructure, praises Karnataka

Justice Oka was a judge in Bombay High Court before he was appointed as Chief Justice of Karnataka High Court, from where he was elevated to the apex court.

Mumbai: In a shot in the arm of Karnataka, Supreme Court Justice Abhay Shreeniwas Oka said that the basic infrastructure of the judiciary is better in the state than in Maharashtra. 

Justice Oka, a former Judge of the Bombay High Court had served as the Chief Justice of Karnataka High Court before his elevation to the Supreme Court. 

"We struggle to get infrastructure from the Maharashtra government. We lack basic infrastructure. It is very very difficult to get infrastructure from the Maharashtra government,” said Justice Oka -- known for not mincing words. 

He, however, was quick to add that there has been change in the last five years.

However, for the neighbouring state, he said -- “It is very very different in Karnataka. There, whatever the judiciary asks the government gives. The scenario in Maharashtra is very different.”

“The  judges of the civil court complex in Pune do not even have separate chambers…. The Kalaburagi bench of Karnataka High Court  looks like a five-star hotel,” he said, addressing the Ashok Desai Memorial Lecture in Mumbai. 

"The ailments that plague the criminal justice system are too many and collectively the system has not fulfilled the expectations of the common man," Justice Oka opined.

Speaking on capital punishment, the SC judge said he was personally against the concept and called for a debate on it with all stakeholders.

"We really need to introspect if our system needs capital punishment. It is a debate whether the State can take someone's life. We need to see if capital punishment is a deterrent," Justice Oka said.

The senior SC judge also emphasised that bail was the rule and jail the exception.

Referring to Section 41 of Code of Criminal Procedure (CrPC), he said it was not necessary or mandatory for the police to arrest each and every accused even in cases where the offence is punishable with a jail term of more than seven years.

"Presence of accused for investigation can be secured by issuing summons. But the ground level reality is very different. There is lot of pressure exerted on police machinery by citizens, NGOs, political leaders and media. Political leaders make statements that they will ensure the accused is arrested and put behind bars," the apex court judge said.

"This is the sad reflection of the retributive tendency which still exists in our society. People still believe that once a person is arrested he is guilty," he said while criticising the ongoing trend of trial on social media.

"Every citizen has right to criticise judgements. But it has to be constructive criticism. But this media trial or trial on social media platforms is not correct. People lack basic elementary knowledge of our criminal justice system. They do not know the difference between bail and acquittal. As judges we cannot go by perceptions - what people say, what social media says. We have to go by evidence," he asserted.

Justice Oka said two or three decades back, courts used to grant bail without going into the merits of the case but the same cannot be done now.

With restrictions imposed on bail in new legislations like Unlawful Activities Prevention Act (UAPA), Prevention of Money Laundering Act (PMLA) and Narcotic Drugs and Psychotropic Substances Act (NDPS), courts are forced to, prima facie, go into the facts of the case even while deciding bail pleas, Justice Oka pointed out.

"Courts burdened with these cases are not able to hear regular bail matters. If you see very old cases, the HC used to just say bail granted. And no one used to say anything. But nowadays, the high courts and the Supreme Court have to do very tightrope walking," he said.

"We need to go into details. Sometimes we say why so much details, sometimes we say why such short cryptic orders. Judges face criticism for not giving bail to people in some cases," Justice Oka remarked.

Asserting that the burden on judiciary increases when the police fails to provide redressal to the common man, the SC judge said, "A common man approaches the court when police does not lodge his complaint and also when he or she feels that the probe is not being done properly." There needs to be a grievance mechanism for the complainant/ victim if he or she has any issue with the way the probe is being carried out, he added.

Speaking at the event, Justice Revati Mohite Dere of the Bombay High Court said the judge to population ratio in the country was skewed.

She said the criminal justice system faces numerous challenges such as delays in trial, overburdened courts and overcrowded jails.

Justice Mohite Dere also urged for a stronger witness protection scheme.

(With PTI inputs)