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60 per cent of arrests unnecessary, unjustifiable: Justice Venkatachaliah

National Human Rights Commission Chairman, Justice M N Venkatachaliah has said that 60 per cent of the arrests made by the police in the country were unnecessary and unjustifiable and that 43 per cent of the total jail expenditure was due to these arrests.

The country has a very low rate of convictions and the investigation carried out leaves much to be desired, he pointed out. ''The high degree of acquittal is very demoralising for the public as the offenders often go scot-free,'' he said.

He said that in the Delhi jail only 10 to 15 per cent of the inmates were convicts. ''The judiciary should take steps to prevent this,'' he said.

Addressing a group of district and session judges and officers from the correctional services, Justice Venkatachaliah stressed that the reasons for arrest should be justifiable.

Maintaining that the dignity of the court room should be of primary importance, he said, ''Efficiency of cross-examination of the witness has all but disappeared and trial has become a farce.''

He cautioned that those in authority should not lose their sense of proportion while exercising their power.

He said in an adversarial criminal justice system the judges should see that the evidence of an honest witness was not harmed by intimidation or blackmail otherwise the trial would become a mockery. Though the witnesses were the kingpins in the system, they were treated most shabbily, he said.

Stating that the accused has to be presumed innocent until proven wrong, he said the judge has to evaluate the evidence and not ascertain the truth.

Referring to the poor condition of jails in the country, he said 70 to 80 per cent of the deaths in jails were due to the spread of tuberculosis and said proper and compulsory inspection of jails by district judges would go a long way in preventing such occurrences.

Stressing that a massive 'decriminalisation' of offences was needed in the country, he suggested that the concept of 'plea bargaining' should be introduced in India, like other Western countries, to reduce the workload in the administration of criminal justice.

UNI

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