Govt. to revisit 2003 Malimath report

The Malimath panel had made 158 recommendations but these were never implemented. The subsequent UPA governments from 2004 to 2014 did not act on the report either.

Judges’ impeachment

The Committee also suggested constituting a National Judicial Commission and amending Article 124 to make impeachment of judges less difficult.

“The Committee, however, feels that the aberrations in the conduct of judges can be checked or even corrected if the problem is noticed at the earliest and efforts made to correct them. In the High Court, the Chief Justice is regarded as only the first among the equals. Except constituting benches and assigning work, he does not exercise any authority over his colleagues. This has considerably eroded discipline which is so necessary for any institution,” the Committee had said.

It had suggested that Section 54 of Evidence Act be substituted by a provision to the effect that in criminal cases, evidence of bad character and antecedents is relevant.

“Just as evidence of good character of the accused is relevant, evidence regarding bad character of the accused should also be relevant. There is no good reason why evidence regarding bad character of the accused should be made relevant only when evidence is led about his good character. This is quite illogical and irrational,” the report had said

Source: The Hindu; 17-01-2018