Timely HC order about citizens’ rights

We are delighted to learn of the observations made by the High Court in connection with the case against actor Pori Moni, which most deeply reflect our concerns regarding the current state of the judicial system. According to a report in this daily, the High Court said that the investigating officer (IO) disregarded Supreme Court guidelines and laws in seeking remand for the second and third times in the narcotics case brought against her, and also criticised two lower court judges for granting the remand prayers. 

The full text of the HC order was released on Wednesday, which stated, "A police officer has to think about the legal and basic issues before taking an accused on remand," and that the granting of the remand prayers "pricks our judicial consensus [about] how the magistrates concerned were so satisfied [as] to allow prayers for remands a couple of times." 

We applaud the HC for this opportune order, which comes at a time when the lower judiciary's activities have raised a lot of questions in the public mind. Recently, the people of this country have been given ample reasons to believe that justice is not being carried out. Arbitrary use of rejection of bail pleas and indiscriminate granting of remand prayers have become playthings in the hands of the judiciary, to be used in any way they like, even if it acts as an obstacle to the smooth functioning of the justice system. From this, it can be presumed that unsavoury elements have penetrated the system, and there are allegations of financial transactions often being part and parcel of such miscarriages of justice. 

As such, the HC observations could not have come at a better moment, but we would also like to ask—where do we go from here? 

The HC has clearly taken a stand on the right of every citizen to receive a fair and transparent trial, and their constitutional right not to be subjected to torture and cruel, inhuman or degrading treatment. This has created an opportunity for accountability, and we request the HC, or even the law ministry, to fully take advantage of this and lead an investigation into the misuse of the law, especially in the lower judiciary. We congratulate the HC on their timely observations, and we hope that this will trigger serious internal investigations that will eventually lead to some much-needed accountability in the justice system.