New criminal laws will create "a prosecutorial nightmare and a Disneyland for defence councils i.e. a potential mess"
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In an interview to discuss the new criminal laws which came into force yesterday and to explain his deep and fundamental concerns with them, one of the Supreme Court’s highly regarded advocates, Nipun Saxena, says the new criminal laws will create “a prosecutorial nightmare and a Disneyland for defence councils”. Asked if he thinks it would be “a potential mess” he replied “absolutely”.
In this 37-minute interview to Karan Thapar for The Wire, Nipun Saxena explained what is perhaps his biggest fear that the new laws could create “a police state” where the police can seek remand for longer periods, handcuffs can be used for a new category of offenders called repeat offenders, a term so far not recognized by the courts, where the police can conjure up witnesses who are presented as voluntary witnesses, a new category created by the laws, and where the police will decide what is or what is not a proceed of crime and can therefore be attached.
Incidentally, Nipun Saxena explicitly makes clear but he does not accept Home Minister Amit Shah’s assurance that police remand cannot exceed 15 days. He argues that critical provisions of the old law, which restricted police remand to 15 days, have been dropped from the new law. In fact, he points out, the new law makes it easier for the police to seek extended remand than even the terms of UAPA.
Nipun Saxena’s understanding of the new laws, his capacity to point out their infirmities, inadequacies and contradictions, as well as his mastery of detail - which he simplifies and makes easy to understand - makes him arguably the best person I have heard on this subject. So if you really want to understand what these new laws amount to, their implications, the situation that could emerge after they have been enforced and why they are likely to be struck down by the Supreme Court - as well as the fact that our police forces simply are not in a position to implement or even fully understand them - this is an interview you must watch.
I don’t want to give away Mr. Saxena’s thunder by attempting to precis or paraphrase what he has said. I also don’t think I have the capacity to do that, since I am not a lawyer. But what I will tell you is that he is eye-opening and very revealing. He is also very simple and easy to understand. The interview will leave you with a profound sense of concern about the three new laws.
Do see the interview.
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