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Amidst all the chaotic moulder within the judicial fraternity in the country lately, Centre has decided to revisit and review more than a decade old Justice Malimath Committee Report (2003) and recommendations made thereof for ameliorating the criminal justice delivery system. The announcement came as an aftermath of the annual conference of Directors General of Police (DGP) earlier this month where the report was extensively discussed. DG R.K Pachnanda (Indo-Tibetan Border Police) made an elaborated presentation on the various nuances of the recommendations made in 2003 report in the presence of Prime Minister Narendra Modi. Further while addressing the queries with respect to the implementations of the recommendations, Kiren Rijuji, Minister of State for Home said that a consultation with the Law Ministry needs to be undertaken before making the decision with respect to the implementation and that it is outside the authority of Home Mnistry to implement the report on its discretion.
It is to be noted that the committee on Reforms of the Criminal Justice System headed by Justice Malimath was constituted in the year 2000 by Home Ministry which was running under L.K. Advani. In 2003 the Malimath Committee submitted the report which incorporated 158 recommendations which suggested an overhaul of criminal justice delivery process and mechanism. The recommendations inter-alia included the substitution of Section 54 of Indian Evidence Act to incorporate the admissibility of evidence pertaining to bad character, power to chief justice of High Courts to exercise disciplinary control over the colleagues, making the initiation of impeachment a little less difficult, to ensure rectification of aberrations in the conduct of judges at early stage. Further, the committee also recommended the constitution of much debated National Judicial Commission. Also suggestions were made to give sanctity to the confessions made in police custody.
However, the Malimath Committee Report and recommendations thereof never got the deserved treatment and forced to disappear in oblivion throughout all these years. Even the UPA government didn’t pay much heed to the recommendation during the period. These recommendations if implemented would be landmarked as the renaissance of the Criminal Justice Delivery.
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