How is it that when it comes to brass tacks, we have drawn a blank even after 50 years of independence? Governing is a serious business and cannot be done if the chief minister of a state governs from the kitchen or if a central minister does not do his homework.

Governing a country oi the size of India is as complex as the problems faced by it. In a democracy the expectations of the people vary from removing a speed breaker on a busy road to providing Cheap houses and credit on non-returnable basis, killing stray dogs to prevent rabies, restoring train services or making trains run faster with more halts, issuing of coins, banning smoking in buses. or asking film producers to stop depicting communities in stereotype images as well as taking care of the old and sick. Despite all such demands the show goes on.

George Bernard Shaw said. "Life does not cease to be funny when people die. any more than it ceases to be serious when people laugh." Such expectations are as many as people in our country. The government has to play jugglery with the figures to show that all is well and then chuck along.

Once a person asked. "Can't the government bring out some kind of rule to enable Ej|e to build their own ses and to eat three proper meals a day and also ensure that their children get proper education?"

To make a complete picture he could have also asked "why could not the government ensure jobs for everybody, proper law and order. 24 hours of electric and water supply, good roads, cleanliness of the city and no humiliation from the government to the citizens? This is what governance is all about, that is managing the country."

According to Webster's Dictionary to manage something is to "succeed in accom-plishing something." Governance is only about coordination in a comprehensive way within the budget it can muster.

There is "Something rotten about the state of Denmark', lamented Hamlet One sometimes wonders whether he was also talking about the present conditions in our country Before we recover from the debris of one scam, another stares on us. No scam is dead or buried. Ashes keep on smouldering forever.

This gives an impression that something which happened a decade back is buried under political pressure The accused are known The offence is known, the abettors and beneficiaries are known Still often the investigating agencies get the flak if the case ends in acquittal even after 20 years.

They are the only ones held accountable and blamed for so called "ruining of the reputations and putting up weak cases" As investigating agen-

cies are part of I he government machinery they nave to suffer the ignominy of being pilloried day In and day out. They become the favourite whipping boy of anybody, who would like to have a go at them.

Nobody apportions blame on others. It is not the job of the investigating agency to convict any accused. This is the function of the judiciary. Whatever evidence is available is put up to the court. The appreciation of evidence and to decide about the guilt of the accused or otherwise is within the purview of the court.

Unlike European countries, the confession made in any case is not admissible in any court of law. Unlike the French system, where the inquiring magistrate tries to find the truth for himself, in our system. the Judicial officer decides on the basis of evidence put up to him. In our system, the witnesses are free tn change their statement and give a go by the case

Economic crime does not carry with II the odium nor mally associated with property crimes like theft, dacoity or robbery. This unfortunate resigned acceptance of the society to the scams and a kind of belief that nobody is going to be punished is a sad augury for the country.

But it is not without basis. The criminal justice system, which was designed in 1863. is such that a moneyed man can delay justice and nemesis to himself indefinitely. If there are then accused, each one of them, turn by turn go to one court after another on one or different points and this exhausting delay ensures that the case does not end during the lifetime of accused and wit-

It is also true that the number of cases of several kinds, to be handled by the investigating agencies and the courts, are as staggering as varied. Apart from the Indian Penal Code cases, which are about 50 lakhs a year, there are thousands of cases relating to deaths on roads. As many as 43.803 were killed in 1.40.037 accidents in the country on national highways during 1995-1997.

This does not include 1.58.181 persons who were iryured in the above accidents. In all fairness. It is impossible to expect I he disposal of 60 lakh cases per year Even if the system were to be ready for such quick disposal, vested interests both of the parties and the lawyers would see to it. that it is not allowed to happen.

The beneficiaries from the delay are the accused who might have defrauded the common man of his hard-earned money by floating bogus finance companies.

According to a debate in parliament non banking financial companies defrauded the Investors to the tune of Rs 15.000 crores in one year. The criminal justice system is not adequate to meet the needs of the modern time. It is only punishment-oriented and not compensation - oriented.

Various Chief Justices of the Supreme Court and the chairman of the Law Commission have admitted that the system is clogged. But de-clogging is to be done by us. Everybody Is agreed on the need to do something.

How is it that when it comes to brass tacks, we have drawn a blank even after 50 years of independence? Governing IS a serious business and cannot be done if the chief minister of a state governs from the kitchen or if a central minister does not do his homework.

It is within the ambit of the legislature and executive to frame laws and bring about changes in the legal system. Judiciary is the only agency

which under our system can render justice. But for judicial intervention, the mechanism for solving Cauvery water dispute ..^^'<1 nui Lave come into existence.

What system should replace the existing system is an urgent issue? No more time should be wasted in setting the ball rolling.

One thing is certain that we should have a kind of Commission and not only the Law Commission, which should constantly review the existing laws, functioning of the inves tigating agencies as well as judicial functioning.

It is only a composite and not a compartmentalised review which can evolve a system capable of meeting both the expectations and needs of those seeking justice promptly. Maybe we need a system where the accused before undergoing a Jail term is required to make good the loss he caused to the victim.

The writer is a former ('Bl director.

— PT! Feature