Opinion - Letters to the Editor

Malimath report

Sir, — Justice V.S. Malimath's recommendations on the Criminal Justice System ( April 22 ) are meaningful. Judges must be allowed to cross-examine the accused to find the truth. The system of British jurisprudence is ill-suited to our country where truth is at a premium in every field. The judiciary is the only hope in our degenerate society. Prosecution shamelessly tutors witnesses to face cross-examination; Defence lawlessly tampers with witnesses. All trials are battles of wits between witnesses lying like a trooper and counsel browbeating them. Judges sit helpless trying to sift the truth.

It appeals to common sense that the accused must be cross-examined by the judge. In fact, Section 342 of the CrPC does not prevent the judge from questioning the accused. It is only the system of British jurisprudence which prevents its application on proper lines. It is time that laws of administration of justice are amended on the lines of Justice Malimath's recommendations.

S. Charuhasan,
Chennai

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