The Hindu : Like a slow motion picture: Judges

Online edition of India's National Newspaper
Friday, Feb 21, 2003

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Like a slow motion picture: Judges

By J. Venkatesan

NEW DELHI Feb. 20. Even as the Supreme Court posted for hearing on February 27 the plea of the Hinduja brothers for permitting them to go abroad together, it expressed anguish over the slow progress of criminal trials, including, the `Rs. 64 crores Bofors payoff case' in which they had been cited as accused.

The Hinduja brothers — Srichand, Gopichand and Prakashchand — had sought relaxation of the bail condition so as to allow them to go abroad together instead of the present condition that at least one of them should remain in India at any point of time.

When the application was taken up for hearing today, a Bench comprising Justice M.B. Shah and Justice Arun Kumar wanted to know from senior counsel for the brothers, Ram Jethmalani, as to what had happened to the brothers' promise that they would not seek a stay of the trial proceedings.

Mr. Jethmalani replied that the applicants had scrupulously kept their promise and had never sought a stay. But after the Delhi High Court had discharged them from the case, they had sought a stay and the apex court by an order on December 2, had granted it.

The Bench said this was an instance to show that criminal trial in India was like a ``slow motion picture''.

``This slow motion becomes much more slower whenever rich and influential and politically powerful persons are involved in the trial.''

The investigation in the Bofors case had taken 10 years and if the trial would take 30 years more, the next generation would know nothing about the case.

Mr. Jethmalani said that by saying that ``merely because a person is rich, it does not mean that he would not have access to his rights and the system of justice. Further there is nothing against the Hindujas in the entire case file.''

Responding, the Bench wanted to know whether there was any solution to the present ``slow motion of justice delivery in criminal trials''.

Counsel said the only solution was that the Government should immediately implement the Law Commission recommendation to increase the number of judges by five times.

When the Bench suggested that it would appoint five judges to proceed with the recording of evidence in the Bofors case and complete the same in five months time, Mr. Jethmalani said that it could not be done under the Cr.P.C.

He wondered ``why this case be tried in an express manner and not the others''.

When the judges said that this case needed to be tried expeditiously as it had affected society at large, Mr. Jethmalani disputed this.

Even as the Solicitor-General, Kirit N. Raval, opposed the application, the Bench adjourned the proceedings to February 27.

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