42 i REVIEW OF LAWS, IMPLEMENTATION OF TREATIES AND OTHER INTERNATIONAL INSTRUMENTS OF HUMAN RIGHTS
and punished. Nor can the problem be solved by providing for a different and more
drastic procedure for prosecution of certain crimes, for making confessions before the
police admissible in evidence contrary to the provisions to the Evidence Act, for raising
the presumption of guilt as set out in the Bill, and creating special Courts. These
provisions would seriously affect human rights guaranteed under the Constitution and
violate basic principles of criminal jurisprudence as internationally understood.
4.9 To strengthen the criminal justice system, the Commission suggested three
stages at which remedial measures needed to be taken urgently by the Government:
• The stage of investigation: this should be carried out speedily and efficiently. The
investigation machinery must be independent, well trained and free from
political or any other kind of interference.
• The stage of prosecution: there must be efficient prosecution on behalf of the
State of all crimes related to terrorism. It is essential that experienced Public
Prosecutors be appointed in sufficient numbers to prosecute crimes
involving terrorism.
• The stage of trial: there was great need to end the delays in criminal courts,
which were undermining the criminal justice system. One of the main causes of
delay is shortage of courts. It is necessary to create many more Sessions Courts
with proper infrastructure and to appoint many more competent Sessions
Judges. Obviously, in States where terrorism was rampant, additional courts
would have to be set up as early as possible. There could also be no doubt that
cases dealing with acts of terrorism must be given preference for early disposal
(preferably within six months).
4.10 The Commission felt that if there were a large number of acquittals today, it was
not for lack of any laws but for lack of proper utilisation of these laws, lack of proper
investigation and prosecution, and lack of adequate number of courts to try the
offenses. Unless these root problems were redressed, adopting draconian laws would
only lead to their grave misuse, as had been the case with the previous TADA law.
4.11 The Commission also pointed out that the Bill would hinder, rather than
enhance, the effective implementation of treaties and other international instruments
on human rights and would not be in consonance with many provisions of the
International Covenant on Civil and Political Rights (ICCPR) to which India is a State
NATIONAL HUMAN RIGHTS COMMISSION