MAJEED MEMON, NCP leader, who is also one of India’s most successful
criminal lawyers and Rajya Sabha MP, during his recent visit to the national capital, shared his point of view on the concern raised by the Supreme Court on media trial and opined that the judgment of the Supreme Court that the review petition in death sentence should be heard in a transparent court is historic and will restore people’s faith in judiciary, in an exclusive interview with MOHAMMAD NAUSHAD KHAN.
Do you think media trials divert the investigative process? What’s your take on the concern raised by SC on media trial?
Yes, it does harm investigative process. In most of the cases, undue pressure is built as to why there has been no action or arrest after the incident. Media keeps on pressurising like so far there has been no arrest even after one hour passed by or after 10 hours, or after one day, or after five days or even after 15 days. And because of such pressure tactic generally innocents are arrested after every incident. In most of the cases, Muslims have become victims of no fault of their own.
It is a very wrong precedent and by arresting an innocent person in haste is against justice and sets very wrong precedent. Such thing should not happen. The process of an investigation must be on purely professional basis. There must not be any communal bias, or any political influence or pressure from bosses of police department or from media.
But unfortunately, in our country particularly the pressure of electronic media does change the direction of the investigation process. And because of that the investigation does not reach its logical conclusion. And because of the change in the direction of investigation process, two things generally happen and that is the guilty roam free and the innocent are arrested and have to bear the pain and suffering which needs to be corrected as soon as possible.
What is your view on the Supreme Court’s new order on review petition in death sentence?
In death sentence, the review petition should be heard in a transparent court. The Supreme Court has given a historic judgment in a case related to Yakub Memon and others. In this judgment, the Supreme Court has given the order against the traditional procedure of review in closed doors in which 99 per cent of cases get dismissed. But now the Supreme Court has ruled that the review plea of a death convict will be heard in an open court and that too in the presence of the accused. This is a very good move and new beginning. There will be more transparency and people’s faith in the judiciary will increase. This is a healthy sign.
Are you satisfied with the Judicial Accountability Bill particularly with reference to judicial appointments?
On the Judicial Accountability Bill, I have spoken in the Rajya Sabha and I have given my view that there are a number of issues in judicial appointment in higher courts and more particularly in High Courts. In the Supreme Court there are fewer appointments and those appointments are automatic because the senior most judges of various High Courts by virtue of seniority are taken up to the Supreme Court. But, picking up people from either lower judiciary or from bar and appointing them judges in 24 various High Courts in the country is an important job and it is from there the judges of the Supreme Court emerge. Therefore, the Government of India in consultation with the Chief Justice of India will have to ensure that there is transparency, there is fairness, there is no bias and the system which we are seeking to adopt through this new Judicial Commission would be a kind of experiment. Let us wait and see whether the experiment succeeds.
What more should be done to reform judiciary?
Well, lots of reforms are required because of late we have heard allegations levelled against even the judges of the highest court. We find that some undesirable elements have come in and occupied the judicial post. So lots of reforms are required. Very serious thoughts are required in this direction and I have already told Law Minister Ravi Shankar Prasad, who is also a member of the bar, that if he really wants to do some service to our administration of justice then he should sit with some like-minded people, do a bit of exploration and take into confidence judges also to know the problems and the difficulties they have been confronting.
The functioning of the judges in a fearless atmosphere without favour to anybody is the need of the hour. Earlier, I have said more particularly in my talks in the Rajya Sabha that long pendency of cases and backlogs is one of the fundamental reasons why people are losing faith in our judicial system. We must hurry up and ensure that we have more judges and they are working in that direction. Speedy justice is one of the fundamental rights of the citizens of the country.