He also stressed on the importance of doing things differently to deliver justice better and interacting with stakeholders to better understand how problems can be tackled.
Speaking about the process being the punishment, he said that keeping people behind bars was not the ultimate solution.
“This is the mindset of the prosecution, this is also the mindset of all our brethren at times, ‘Prosecution is not going to do its job, I know this fellow has done this, let me keep him behind bars for the time period. I can, even if I am not able to convict him’. That is not a solution,” Justice Kaul said.
Instead, he proposed that the prosecution take a more inventive approach. He recommended using technology and manpower to make forensic science facilities more efficient so that the prosecution could take a more scientific approach in trials.
The mechanisms of plea bargaining, lok adalats and mediation, according to Justice Kaul, were critical in delivering better and faster justice. He stated that the procedures would not only help to resolve issues quickly, but would also assist courts and litigants by saving time and making the process less tedious. He asserted that if plea bargaining and mediation worked together, the bouquets of criminal and civil cases resulting from family disputes could be quickly disposed of.
He encouraged judges and the defence system to consciously make stakeholders aware of the mechanism of plea bargaining. It was his opinion that an accused who has actually committed the offence would opt for a plea bargain and bring an end to litigation.
He also expressed concern about the country’s growing criminal litigation and underlined the importance of educating individuals about civil litigation.
“People look to the civil and criminal ramifications of it and feel going through a suit trial may take its own time,” he stated.
Source: Barandbench
