India’s Broken Criminal Justice System: CBI Arrests First, Probes Later, Courts Prefer Jail to Bail 

पहले जांच होनी चाहिए और जांच रिपोर्ट के आधार पर गिरफ्तारी हो और यदि कोर्ट ने सजा दी तो जेल अन्यथा बेल

Vrinda Grover is one of the extraordinary human and advocate in our era.

Order of corruption : police, lawyers, judges, politicians, corporates, foriegn super powers

We are very very fortunate people,who are watching such personalities at one place and discussing such important issues...

Money makes the DIFFERENCE? delivering justice and due process are secondary

Is it law to give bail to rapists and killers ? Which is a new trend in country

The judicial system follows Thucydides's principle: "The strong do what they can and the weak suffer what they must."

"Change the procedure" is the need of the hour.

There is so much corruption redundancy and lethargy in the judicial process particularly when it concerns the economically disadvantaged. You have to also acknowledge there is a greater need for competent pro Bono advocates to serve justice for those who don't have the financial means. Only then can there be any changes in the number of incarcerated.

EXCELLENT DEBATE. I APPRECIATE IT.

WHO JUDGES THE JUDGES? THE CENTRAL VIGILANCE COMMISSION?

People said "Sub bikta hai"????? In the democracies nation in the world??????Is it true or false??????

A must watch for all our esteemed apex & lower court judges.

Investigating agency is not represented in this discussion, the main stakeholder of this discussion

Sir, to be honest, the Indian legal system is routed in the written INDIAN CONSTITUTION AND REMNANTS OF BRITISH COMMON LAW.

Sibal Sir, if you are incensed with contemporary CRIMINAL TENETS, why not initiate REFORMATIVE processes through A REPORT, reforming the staid and out-dated set of bail LAWS

Sir...what is your take on SLP cases pending in Supreme Court, where High court has already given final verdict after years of hearing and concerned party is buying time in supreme court by hiring expensive advocates...the SLP s are pending year after year, sometimes even without a single proper hearing and affected parties can do nothing...what kind of justice system we are living in....??

Such a pleasure listening to these stalwarts. Sibal ji his passion for law & Justice,his conducting of this Dil Se, the many many experts that he puts together. Am glued !

Truly agreed… very sorry that this is happening…

It is not a broken legal system but the continuation of the British raj system. Why is sibal doing the talk of the Undertrials. Lawyers like him charge lakhs which unfortunately the Undertrials cannot afford, especially the daily wage earners, the downtrodden and others.

"Today's education system is less about education and more about system." ~A.S Rana

Humble request to Mr, Sibal as the president of the bar these matters can be solved

Indian lawmakers lack enlightenment. The state has to be limited. The individual is more important than the collective.

Use of term "ordinary","common" for people is derogatory.Such terms are colonial & used in "dictatorial" system. Let's call people as citizens.

Excellent topic chosen to debate with experienced professionals

"Courts r playing ostrich" is a version of the panelist is a big statement. Mr Sibal himself has done in the past and will do the same once he or his Gov't comes to power. So in short this has been a practice with each gov't to play foul and play victim after the power goes out of their hand. The word " convenience" plays the role ultimately. This debate is therefore a platform to find faultlines of the present judiciary.

PM and H M should listen to this debate.

त्वरित न्याय के लिए आरोपित को न्यायिक मजिस्ट्रेट को हर हालत में 30 दिन में जांच व ट्रायल पूरी होनी चाहिए।

Who judges the judges? The Central Vigilance Commission?

Everyone is scared watching their own back …

Sir, I am a mechanical engineer. I don't know much about your law being in practice. To move, you need proper mechanics consisting of limbs and joints. But, in your case, I must say that your law does not have such mechanics. It catches the helpless unknowingly like a disease and does not leave till his/her home doesn't put on sale. It is also factually very strange that your law is run by the remote culprits. They know how to use, reuse, diffuse, recluse, confuse or amuse the law. In such circumstances or as the data narrated, can you say the Supreme Court is a custodian of law. To improve your mechanics, can't you and your parliament make a better modus operandi to operate? Why is an FIR not written outside of thana? Why is there no committee of SDM+DSP+SHO+ASI to investigate the matter after hearing the parties concerned. The committee should submit its report to SSP or DC for arrest or otherwise. FIR is a very frightening document for the poor, helpless and the marginalized. Panch, Sarpanch should also assist such committees. Further, ASI, or SHO does not know which section of law should be tagged with offence. On the action of ASI, whole advocacy and the judging moves. Strange. Very strange. Sir, do you know how NDPC cases are being framed? It all depends on the willingness, high handedness and greed of ASI. To save the people from police and draconian laws, police must be kept away and FIR must be written somewhere else. Why have the CBI, ED, IT etc given unbridled powers in terms of time? One month 's period is sufficient to complete the job or investigation. It enlarges only when the government wants otherwise. Here is the point when these become parrots. Otherwise the government does not leave stone unturned to put a pet or parrot in the government cage. Everybody knows it. Yet your law panda is very slow to deal with high profile accused but very much slow in dealing with the helpless. Your panda is very amazing. Should it not be better to bring a new panda from Britain?

Pleased to hear the legal luminaries.

We need more educated and real patriotic people like these 4 in the video. Compare there show with the best known TV prime shows in the country. Did your blood pressure go up? If you really love your country then least one can do is accept we have problems and try and have a dialogue in a civilised manner. Good times will come and this time they will last for a very long time because by then people will be more educated by watching such videos. Keep educating ppl Mr Sibal. Thank you

Excellent discussion with intelligent minds

Frequent adjournment in bail matter is ground.

Hundred percent true. लोगों को गिरफदार करने का बाद में झूठे आरोप लगाकर कोर्ट के मार्फत जेल चालान होता है । भारत में पुलिस और जज एक नाव में सवारी करते हैं । किसी जज या मजिस्ट्रेट को कभी न्याय करते नहीं देखा ।

Kapil Sibal should not use media platforms to manufacture opinions regarding matters in which he appears in the courts. Being a senior advocate, he should fight it out in the courts.

Sir, Please see for CAA detainees who are in Prison from last 4 years

No mention of how to stop such repetitions of inappropriate judgements. There is no correction suggested for agencies involved.

Charge should be first than FIR local police.

Who is going to fix all the concerns and save the democracy

Well spoken sir.

सर्वोच्च कोर्ट बार-बार उधृत किया जाता है कि बेल नियम है जेल अपवाद फिर भी आरोपी जेलों में सङ रहे है केजरी,मनीष, विजय जैसे लोग बार-बार L/H/SC से कुछ राहत पा जाते है, क्या सरजील इमाम/उमर खालिद जैसे लोग सालों से बिना नियमित मुकदमें चलाए सङाया जा रहा है।

“Show me his caste and i’ll show you the law” : this is the unsaid principle on which the indian judiciary functions. Nearly 99% of undertrials who have spent years in jail without trial are from the obc sc st castes across all religious groups. The Judicial Administrative system is not just tainted with corruption but is infested with strong caste-communal biases. Now, when even those, who remained insulated for decades from the adverse effects of judicial incompetence and crony character are feeling the heat, they have started scrutinising the judicial system……

Unfortunately ALL parties are responsible for this mess😢

Mandatory bail should be consider in all case on completion of mandatory period for investigation unless prayed by the investigation agency on special ground.

Among the young, those who are interested, should take up law, since it appears to be a profession that is evergreen.

The bias and prejudice of judges as humans and media/political pressure is a major cause for denial of bail. A law for compensation for wrongful arrest will reduce such incarceration. Also, strictures on judges who wilfully ignore SC orders on bail would have a salutary effect.

Your example of Chidambaram is very appropriate.

Only justice should be

DrAdib maleka. The education ministry must introduce important parts of the constitution of india to make the general public their to make them aware of Rigjts and duties as of today the people in power is taking advantage of the ignorance of public about their rights and duties the sc must take a suo motto of the plight of the citizens and introduce the constitution from school level itself instead of religious books in the syllabus. To make the eduction more useful for the country Ban Evm to have honest sincere educated young politicians.

The lawyers fees makes it difficult for poor man or economically backward to seek justice. Can something be done in this angle.

Very good discussion

Please make a suggestion to reminding authority to apply his mind before reminding 2. Let the magistrate give a hearing to the Accused after providing her a copy of the FIR, explained in her language.p 3. Make compulsory for the investigating process to be complied by the Supreme Court order of accompanied by CCTV footage ( audio and visual)

Read the editorial: "Jail is the Rule, Bail is an exception!?" in LAW ANIMATED WORLD, 30 April 2024 online issue.

It is a matter of great anguish when we found police is trying to destroy evidence from a crime scene . Then how a justice will be delivered to a victim.

Good points

Agency should first collect the related material, scrutinise it, sift it n when agency comes to the conclusion n there is utmost necessity then n only then in end the agency should arrest with the permission of Court.

Good talk bg kapilji

💯 💯

It is not correct to say that the justice system is broken. In fact everything is broken 😁😁😁

When President. V. President. Governor's. Speaker of the House and the CBI ED NIA and Law Inforcement Stand with the PM then he is Bound to Play. So Baring it.😮

These Facitious Smiles A smile that masks the truth within, A facade where secrets softly spin. Lips that curve, but eyes don't gleam, A smile that's part of a hidden scheme. Behind the grin, a story untold, A heart that's weary, a soul that's cold. A fleeting flash, a practiced art, A smile that never reaches the heart

Brenda Grover an excellent truly a best known lawyer

What is the purpose of prosecution? Is it to get conviction or to get fair justice? It should be to do justice not one sided to get conviction.

Recent trends of Grant bail is under suspicion of common men... HCs and the trial Court very reluctant to grant bail, one has to approach Apex Court for set himself at liberty

The enactment of PMLA had been made in UPA rule in 2005.Incidently Mr K Sibal was a part of I N C.

BHP is not a Dedicated to be implemented for all other believers of Christianity in India

Such an important topic

Article 20(3) of the constitution is the answer to the question. If any person cannot compelled to give evidence against himself how can he be arrested for finding guilt. The testimonial compulsion clause should be widely interpreted to after reading it with Article 21 . No criminal lawyer reads Article 20(3) but constitution lawyer should get UAPA or PMLA are declared ulta vires so far arrest first is permitted. Do not rely on formula of bail or jail. Think deeply the answer shall be found.

Issue as it prevails needs to be nipped in the bud.Mere suspicion mustn't be the reason for arrest.Suspicion is subjective & can be derogatory.

No one Delhi high court judge has fixed a date of some cogent evidence and in night he was transferred to p,h, High court

Please Sir, Suggest HOW TO CLEAN THE MESS.

In lower judiciary on promotion most of judges posted at same place/ district.

Why are you pleading against the Avoya's proper judgment??? Why are you trying to delay the R G Kar case?

Govt has to appoint separate criminal judges at the time of selection of judges for criminal justice system then only I think in india justice system will improve

Only the rich get "justice", the poor get stripped to the bone.

When the laws have become instruments of oppression, what is the recourse? Civil-disobedience & non-cooperation, like colonial times? If our democratically elected leaders are going to view us as "subjects", instead of compatriots, will we be wrong in viewing them as colonisers, oppressors and tyrants and openly defy them?

Witnesses becomes hostile and denies his own earlier statements is not acceptable. Most of the time the Witnesses are threatened or coerced or manipulated before they become hostile Witnesses.

Accountability for any Action should have to be fixed , even for the investigating persons or Agencies, otherwise this system will be a meanace for the citiuzen, & the poor, PEOple in POWER & the rich, havebeen enjoying independance. BUT none have accountability & responsibility for their ACTION. BUT THANKS to ALL.

This is a discussion of excellent quality. Participants all legal luminaries. M. Sibal as the anchor really takes the pain to select relevant topics in this programme. As commoners we have hardly understood the new laws. This is a good experience with examples. Keep it up Mr. Sibal.

Yes Sir, that’s true. And you lawyers are part of the problem, not of the solution.

Why police are not or rarely punished when they beat/assault people unnecessarily?

Concern for one who already in jail how the second charge

The Indian sociery is losing its morality. The root problem is lack of accountability, right from the top of any nstitution. If the head is corrupt, the rest will follow suit. Evaluation of officers, with honesty and integrity should become a norm.

True criminal kustice broken,like court in favour govt

Wire .. These advocates... ... monopoliesd the judiciary Look at the way they get dates ... Put pressure on judges ... No of case per advocates per year should be restricted to ensure fair play ...

Mandatory Per day payment of an handsome amount to the wrongly detained person may deter the police etc and to arrest only and only after a considerable investigation to substantiate the complaint or FIR

Bt why the high court not adherence to the apex Court guidelines... Are HCs are under pressure of any exterior Powers

Sir please look in to the matter that the nonelected Governor try to topple elected government they miss using gavernor office for political reasons there must be rider on that please raise the issue and make a discussion light on the issue

That means it is mafia custody depicted rightly so in films

Thank you for very important life lesson by my country I am so proud of my country and don't wish anything to change just stay as it is my only wish is to be a songwriter (my hobby) or an officer so I could serve my country if you giving someone reservation it's always feels like no matter what you achievement your efforts will be not enough for others to respect you. I will be very happy if reservation is removed and everyone could get equal rights and everyone is employed we should not fail our youth and stop the suffering of students.

Meanwhile, rapists and murderers walk out on bail provided they're sufficiently wealthy and/or connected politically. The BHU gangrape accused didn't even spend a year in jail.

Good channel 👍

If any cogent ground of documentry evidence file case no arrest as he is not destroyed documents which is in the possession of another's agencies arrest can only be in rare cases where danger to fled foreign or such like situation court should decide punishment

What the Supreme Court preaches as principles are not practised by it. The protector of fundamental rights does not get time to hear some selected cases even in years! And sometimes it acts in lightening speed when the men in power want it! Good discussion! But discussion only. When should our theoretical discussions come in practice?!?

Sir please you help them to get them out of the jail

I'm sorry but my respect for K.Sibbal was lost on the day I saw him trying (very incompetently) to argue the case for the WB govt in the ongoing RGK trial...and I write this as a completely apolitical observer.

bail is very crucial in the judicial process and system

Ask Mr Sibal to contribute to improvise the system based on the experience and knowledge in valid terms, instead of talking publicly about broken things in his own system. Secondly judiciary if seems broken , there has to be serious damage to the very political system which is pillar and responsible for efficient working of judiciary. Mr Sibal won’t talk about it even if he is aware, considering his political connections. For anything that I have experience and knowledge on, I’d use it for making that thing more better, instead of criticising weaknesses, I hope Mr Sibal would get this.