Why it is in news?

• A 2003 report of a Committee on reforms in the criminal justice system that recommended admissibility of confessions made before a police officer as evidence in a court of law is being revisited by the Centre.
• The Committee on Reforms of the Criminal Justice System, or the Justice Malimath Committee was constituted by the Home Ministry in 2000
• It was headed by Justice V.S. Malimath, former Chief Justice of the Karnataka and Kerala High Courts.

Towards restorative criminal justice

• The Malimath panel had made 158 recommendations but these were never implemented.
• The subsequent UPA governments from 2004-2014 did not act on the report either.

Judges’ impeachent

• The Committee also suggested constituting a National Judicial Commission and amending Article 124 to make impeachment of judges less difficult.
• The Committee however, feels that the aberrations in the conduct of judges can be checked or even corrected if the problem is noticed at the earliest and efforts made to correct them.
• In the High Court, the Chief Justice is regarded as only the first among the equals.
• Except constituting benches and assigning work, he does not exercise any authority over his colleagues.
• This has considerably eroded discipline which is so necessary for any institution.
• It had suggested that Section 54 of Evidence Act be substituted by a provision to the effect that in criminal cases, evidence of bad character and antecedents is relevant.
• Just as evidence of good character of the accused is relevant, evidence regarding bad character of the accused should also be relevant.
• There is no good reason why evidence regarding bad character of the accused should be made relevant only when evidence is led about his good character.
• This is quite illogical and irrational.

Source

The Hindu