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

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