(a) whether the Government has constituted Malimath Committee to suggest reforms on Criminal Justice System;
(b) if so, whether the Committee has submitted its report;
(c) if so, the salient features of the recommendations of the report; and
(d) the action taken by the Government to implement the recommendations made by the Committee?
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI S. REGUPATHY)
(a) to (d): A statement is laid on the Table of the House.
STATEMENT IN REPLY TO PARTS (a) TO (d) OF LOK SABHA STARRED QUESTION NO.473 FOR 8.5.2007
REGARDIN MALIMATH COMMITEE ON CRIMINAL JUSTICE SYSTEM :
(a) Yes. sir.
(b) Yes. SIR.
(C) The committee made 158 recommendation to ensuring that every innocent person is protected
and every guilty is punished with utmost expedition. The main recommendations are, inter alia, on
investigastion, prosecution, on judicial reforms, on crime punishment etc.
(d) Advisories were issued to the state governments with regard to those recommendations, which
were to be implemented through administrative measures.
As regards, those recommendations which require amendments to various laws, views/comments
of the State GOVERNMENT/ UT Administrations have been sought as the Criminal Procedure are on the
Concurrent List of the Seventh Schedule to the constitution of India. The recommendations of the
Mlimath Committee on anticipatory bail and plea bargaining have already been covered in the Code
of Criminal procedure (Amendation) Act, 2005 and Criminal Law (Amendment) Act, 2005 respectively.
However, the provision relating to anticipatory bail in the Code of Criminal Procedure
(Amendment) Act, 2005 has not yet been given effect to.
The recommendations on enhanced punishment for perjury and victims right to prefer an appeal
against an adverse order passed by the Court have been included in the Code of Criminal Procedure
(AMENDMENT) Bll, 2006 introduced in the Rajya Sabha on 23.8.2006.