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Congress MP calls out judiciary's resistance to reform amid undertrial crisis

Congress MP Rajeev Shukla raised alarm in the Rajya Sabha over the judiciary's apparent reluctance to reform itself.

Published on: Dec 7, 2023, 20:16:01 IST
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Congress Member of Parliament Rajeev Shukla raised concerns over the judiciary's apparent reluctance to undergo necessary reforms as he drew attention to the alarming number of undertrials languishing in courts across the country.

Congress MP Rajeev Shukla speaks in the Rajya Sabha during the Winter Session of the Parliament, in New Delhi on Tuesday. (ANI Photo/Sansad TV)
Congress MP Rajeev Shukla speaks in the Rajya Sabha during the Winter Session of the Parliament, in New Delhi on Tuesday. (ANI Photo/Sansad TV)

In a pointed address during the Zero Hour of the Rajya Sabha, Shukla juxtaposed instances where the legal system has called for reforms in other domains.

"The judiciary says reforms are needed in cricket, hockey, medical council, etc., but the judiciary refuses to reform itself!" the lawmaker said.

"Judges say - We don't need any reforms—let us be the way we are—Look at the Collegium system, etc.," he added.

The Congress MP also quoted Supreme Court Judge Justice Sanjay Kishan Kaul, who had previously urged lower courts and high courts to expedite the process of granting bail to undertrials.

Highlighting a disconcerting trend over the past decade, the Rajya Sabha member noted that the undertrial population in India has surged steadily, reaching a staggering 76% of all prisoners by the peak of 2021.

Shukla's scathing remarks came weeks after a parliamentary panel observed that overcrowding in jails and delayed justice that was leading to a series of consequences for both the prisoners and the criminal justice system as a whole.

"The committees, notes that the issue of overcrowding and delayed justice has become a pressing concern, leading to a series of consequences for both the prisoners and the criminal justice system as a whole. The committee recommends that prisoners from overcrowded jails may be transferred to other jails with vacant cells in the same state or other states by signing MoUs to that effect. This kind of an arrangement can be mutual in nature between the states signing the MoU," the Parliamentary Standing Committee on Home Affairs, headed by BJP MP Brijlal, observed in September.

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