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Lawyers to go on strike on Jan 14

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Express News Service

Posted: Jan 11, 2009 at 0053 hrs IST

New Delhi Proposed amendments against arrest in CrPC, will lead to an increase in crime, say bar associations

The agitation of lawyers’ bodies against the proposed amendments in the Code of Criminal Procedure (CrPC) gained momentum on Saturday with as many as 26 bar associations of Delhi and NCR regions deciding to go on a day’s strike on January 14.

The lawyers are objecting to the amendments in the CrPC that do away with mandatory arrest of the accused in offences entailing punishment upto seven years in jail.

The decision of “complete absentation” from work was taken in a meeting held on Saturday, in which representatives from various bar associations from the Capital and nearby places like Meerut, Sonepat and Alwar participated and resolved to support the campaign.

Voicing concern over the “directionless and meaningless” changes in the CrPC, Rajiv Khosla, spokeperson of the coordination committee, told Newsline that the amendment would lead to a dangerous situation where criminals will have no fear of arrest.

“There can be no logic or societal interest in glossing over the deterrence effects of arrests. In place of enacting laws to prevent society from further perpetration of crimes, the government is bringing changes that would give rise to crimes and corruption,” said Khosla.

Dubbing the move as “anti-public and anti-social,” Khosla said that the anticipated changes were in a way against the constitutional guarantee of life and liberty as the criminals would find it easy to commit offences against innocent people and evade arrests.

Mahesh Sharma, chairman of the committee, concurred with Khosla’s views, saying the nation could not benefit from the legislations that jeopardised larger public interest on the ground of granting individual liberty to offenders.

“Which victim will dare to come and testify against a criminal who is roaming freely in society? The said amendment can only dent the rule of law,” added Sharma.

The committee also rejected the notion that the amendments would help in getting rid of ‘capricious arrests’ being made by the police and claimed that it would in fact accord wider powers to them, further aiding in corruption in the force.

“We urge President Pratibha Patil not to giver her assent to the bill and send it back to the Parliament. The committee will also meet her, the Prime Minister and the Home Minister, requesting them to reconsider the bill and send it to the Review Committee of the Parliament for taking the holistic view after hearing all concerned,” said Khosla.

Corporate frauds would also slip away

It was Tuesday when the coordination committee had, for the first time, come out with a list of offences that would keep the accused free from arrest in view of the proposed changes in the CrPC.

Three days later, it seems that the committee has kept up with the changing times and has put the case of the massive fraud in Satyam Computers at the top of its list.

Enumerating cases in which the accused might not be arrested if the amendments become laws, the Committee has listed cases of financial fraud like Satyam, JVG and Onkara Finance.

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CrPC 41 by durai on 22 Jan 2009

This is the good direction our judicaial system works. Look at now , who is opposing it , Police, lawyers. They use arrest first to terrorise the common man. Police should help the people but our system is just opposite. They use to get bribes. Why should 498a should give arrest first. Any bride who files FIR will never return to her hubby rather going to her parents home. So where is the reason to arrest first. Dwry isse should neither be civil nor be criminal because this is a family matter. Even today 498a is against the husband because unlike other crimal cases here the defendent should prove innocence. Nowhere in the world a law like this. In next 50 years there won't be any legal marrages but only live in partners. I know how my friend suffersa lot from his wife. She doesn't know how many 0s in a crore but asks a crore for settlement. We all support him to go ahead and fight in court. Consolating news for NRI grooms.

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