29 Oct 2010|Noida | Amity University Campus, Sector-125 Noida
Amity Law School, AUUP organises Colloquium on “Challenges of Evolution of Criminal Law”
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Amity Law School, Amity University organized a Colloquium on “Challenges of Evolution of Criminal Law” at Amity Campus, Sector-125, Noida.
The major issues relating to a relook of Penal Laws and Procedures, Global Terrorism, Piracy, Counterfeit Currency, Extradition, Dual Jurisdictional Challenges were discussed by eminent lawyers and advocates apart from Degree of Proof, Court Delays and Victim Rehabilitation.
Addressing the students and sharing his concern during the colloquium, Mr. Ram Jethmalani, MP, President Supreme Court Bar Association said, “In ancient times, only three professions were considered noble- the profession of a priest, a doctor and that a lawyer. Unfortunately, today the Lawyers’ profession has reached a rock bottom of social acceptance. The profession, now, has been regarded as a creator of problem or troubles, rather than the one which provides solution to the troubles .However,it is not possible for a country to become successful without lawyers”. Advising the budding lawyers regarding the conduct of the profession he, further, said, “law requires courage to stand up against a howling crowd, courage to fight against the established, courage to fight against absolute sovereignty and courage to fight for a good cause. A successful lawyer is the one who possesses courage coupled with intelligence of cross examination, which no longer exists in the country. A successful lawyer is the one who can extract truths and facts even from unwilling mouth. Those aspiring lawyers who do not possess these qualities must not join this profession. The real challenge for the lawyers is to balance their duty towards their clients and justice. ” The main problems faced by Criminal Law, Mr. Ram Jethmalani remarked are- Corruption and Terrorism. He expressed his concern over the siphoning off money by Indians and sending to foreign banks. He termed terrorism as something which is even more dangerous than invading army. He called upon the young generation to rise to the situation and fight the problems.
Addressing the august gathering, Founder President of the Amity Group, Dr. Ashok K Chauhan announced a “Shield” in the name of Mr. Ram Jethmalani and proposed start a Certificate Course in “ Cross Examination” for the students of law.
Posing questions to appeal the consciousness of the audience, Hon’ble Mr. Justice K.S. Radhakrishnan of Supreme Court of India asked, “Is there anything fundamentally wrong with the system, do we require big changes in Criminal Law? Lately, the victim is totally neglected, everybody talks about the guilt of the criminal and in the process, victim suffers. The case of victims’ rights needs to be taken up. Earlier, most of the cases were decided on the account of eye witnesses but nowadays credibility of the witnesses is highly suspected. There is a lot of pressure on witness today.” Talking about organized crimes, Hon’ble Mr. Justice K.S. Radhakrishnan opined that in future, organized crimes such as terrorism, Naxalism or Maoism can be proved with circumstantial evidence and Forensic Science. More power should be given to the courts, which decide cases. Judges, also, should follow investigation, which can change the course of the justice. Witness protection and sentencing policy need to be renewed and new guidelines need to be framed.
Sharing his views during the Colloquium and referring to Priyadarshini Mattoo Case, Mr. Shushil Kumar, Sr. Advocate, Supreme Court of India said that circumstantial evidence cases are most challenging. Talking about advancements in the field of Criminal Law, Mr. Kumar further, said that best piece of Criminal Evidence is now, the mobile phone, the tracking of which is permitted. He suggested that that the trial courts should be fully trained to acknowledge mobile phone recordings as vital evidence. He remarked that Criminal Law is about Life and Liberty and raised concerns over the police atrocities which need to be taken care.
During the Colloquium, Ms. Geeta Luthra- an eminent advocate with High Court stressed that Plea Bargaining is a new evolution of Criminal Law, which is opposed to fundamental principles of Equality that is yet to be enforced.
Mr. Shams Khwaja, Advocate and Professor, Constitutional Law Laboratory talked about the challenges of Criminal Law, wherein there is a need to re-instate the principles of Cardinal Law regarding issues of terrorism and there should be newer considerations in Sentences.
Mr. Justice Pradeep Nandrajog, Judge Delhi High Court opined that the first challenge to Criminal Law is how to counter value the code of law to the society, which tends to give a right to the accused – the fact to be treated as a proof material to the fact that exists.