Kapil Sibal Argues Against Remanding Individuals on Mere Suspicion: A Critical Analysis of Constitutional Principle
In a thought-provoking seminar on judicial accountability in Delhi, Senior Advocate Kapil Sibal highlighted the glaring lack of procedural safeguards in India’s criminal laws. On February 24, he expressed concern about the prevalent practice in India where arrests are made based solely on suspicion, without prior investigation into alleged offenses. Organized by the Campaign for Judicial Accountability and Reforms (CJAR), the event’s theme was ‘Supreme Court’s Recent Trend on Cases Involving Civil Liberties and Political Rights.’
Unraveling the Genesis: Inherited Laws from British Rule
Sibal commenced by shedding light on the problematic genesis of India’s criminal laws, notably the Indian Penal Code and the Code of Criminal Procedure, inherited from British rule. These laws, crafted to suppress dissent, allowed arbitrary arrests based on mere suspicion. Even with the introduction of new criminal codes effective from July 1, many of these provisions remain intact.
Constitutional Concerns: Is Suspicion Enough?
“How does this pass the test of the Constitution?” Sibal questioned, emphasizing the inadequacy of suspicion as a basis for arrest. He pondered whether there’s a need for more substantial evidence, challenging the compatibility of remanding a person to police custody on mere suspicion with constitutional principles. Drawing a sharp contrast with ‘liberal’ countries, he stated, “In liberal countries, you investigate first and then you arrest.”
Draconian Laws: PMLA and UAPA
Sibal expressed reservations about the arbitrary arrests and remands, particularly under special laws like the Prevention of Money Laundering Act (PMLA) and the Unlawful Activities Prevention Act (UAPA). Describing these laws as having draconian provisions, he deemed them entirely unconstitutional.
Erosion of Institutional Integrity
The senior advocate extended his concerns to the erosion of institutional integrity, emphasizing the need for robust accountability mechanisms. He highlighted a systemic issue that urgently requires attention, stating, “We can’t trust any law in the manner we have reached the state of this country.”
Call for Unity: Lawyers’ Role in Upholding Justice
Besides critiquing procedural safeguards, Sibal delved into the broader role of lawyers in upholding justice and accountability. He urged lawyers, irrespective of political affiliations, to speak in unison for the greater good. Stressing the duty of legal professionals towards the people, he stated, “You are a lawyer first and a politician later.”
At the conclusion of his impactful speech, Sibal left the audience with a poignant reminder about the essence of lawyering as a service industry, not merely a business.
Frequently Asked Questions (FAQs)
- Is suspicion alone enough for an arrest in India?
Kapil Sibal argues that the practice of arresting individuals solely on suspicion is incompatible with constitutional principles.
- What laws did Sibal criticize for their draconian provisions?
Sibal criticized laws such as the Prevention of Money Laundering Act (PMLA) and the Unlawful Activities Prevention Act (UAPA) for their draconian provisions.
- When do the new criminal codes, criticized by Sibal, come into effect?
The new criminal codes, criticized by Sibal, are set to come into effect from July 1.
- What was the theme of the seminar where Sibal spoke?
The theme of the seminar was ‘Supreme Court’s Recent Trend on Cases Involving Civil Liberties and Political Rights.’
- What did Sibal emphasize regarding lawyers’ duty?
Sibal emphasized that lawyers, being a service industry, have a duty towards the people before any political affiliations.
