Centre opposes court trial by video

KOLKATA: The Centre has opposed the West Bengal government’s ambitious project to replace the system of production of undertrials in the courts by video conferencing between the courts and jails as well as in police custody.
According to Writers Building officials , the union law ministry has returned the draft bill of the state government on the ground that it would violate the constitutional rights of the accused to be heard and be present in the court of justice.Even the attorney general has opined that unless the constitution is amended, it would not be legally tenable.
The Andhra government has already been challenged in the court by civil groups after the state enacted a similar law. The state government has been asked to send a fresh draft.
The Centre’s permission is needed as the new move involves changes in the Criminal Procedure Code.
“The Centre has particularly objected against the provision of non-production of the accused in police custodies.
The law ministry felt that it would allow more police brutalities in lock-ups as there will be little fear of judicial reprimand and intervention among the cops. Even if there is video conferencing, the accused in custody will be mortally scared to tell the truth to the judge sitting in the court far off,’’ said the official.
The state government, particularly, law minister Nisith Adhikary was keen to go ahead with the bill, mainly on the ground of lack of custody infrastructure in courts and logistical hazards of producing the accused.
Most of the court buildings, specially those at the lower level, hardly have any proper lock-ups with ventilation, water supply and fans.
Some undertrials died at the Maldah court lock-up while gasping for air and water.
Since the jails are full of undertrials, mainly waiting for justice for years together, the number of prisoners have been swelling, increasing government expenditure.
“Think of the fuel bills, the number of policemen on duty and the hazards of keeping vigil on the notorious criminals,’’ said the official.
Human rights bodies refused to buy the argument. “Already the police do not produce the accused in many cases. It’s a shame that the Left Front government is further planning to snatch away basic human rights of the undertrials in stead of expediting the criminal justice system and ensure proper amenities,’’ said APDR secretary Tapas Chakroborty.