India’s Broken Criminal Justice System: CBI Arrests First, Probes Later, Courts Prefer Jail to Bail

Former High Court judge Mukta Gupta and seasoned lawyers Vrinda Grover and Huzefa Ahmadi join Kapil Sibal in discussing the reforms India needs
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[@BharatAnurag77]

पहले जांच होनी चाहिए और जांच रिपोर्ट के आधार पर गिरफ्तारी हो और यदि कोर्ट ने सजा दी तो जेल अन्यथा बेल

[@crigzin2487]

Discussion on the law as ought be by the learned panelists is so clear and succinct but it was disappointing on the issue as to whether the judges take - politically affiliated judgements - fear of retribution In fact these issues should be told boldly in the panel discussions so that political masters can hear it loud and clear.

[@mohdsiddiqui8462]

Vrinda Grover is one of the extraordinary human and advocate in our era.

[@iqbalfazli371]

no doubt...

[@ravi06197]

The judicial system follows Thucydides's principle: "The strong do what they can and the weak suffer what they must."

[@mohanv88]

Order of corruption : police, lawyers, judges, politicians, corporates, foriegn super powers

[@LoveAddiction16]

We are very very fortunate people,who are watching such personalities at one place and discussing such important issues...

[@PraakashRanjann]

🤣🤣🤣🤣

[@zak4871]

Is it law to give bail to rapists and killers ? Which is a new trend in country

[@siddharthanvarier3342]

Money makes the DIFFERENCE? delivering justice and due process are secondary

[@siddharthanvarier3342]

Sir, to be honest, the Indian legal system is routed in the written INDIAN CONSTITUTION AND REMNANTS OF BRITISH COMMON LAW.

[@siddharthanvarier3342]

Who judges the judges? The Central Vigilance Commission?

[@shajujacob6022]

Investigating agency is not represented in this discussion, the main stakeholder of this discussion

[@drshokatalisaiyed4733]

People said "Sub bikta hai"????? In the democracies nation in the world??????Is it true or false??????

[@kalyanpokhrel3863]

Sir...what is your take on SLP cases pending in Supreme Court, where High court has already given final verdict after years of hearing and concerned party is buying time in supreme court by hiring expensive advocates...the SLP s are pending year after year, sometimes even without a single proper hearing and affected parties can do nothing...what kind of justice system we are living in....??

[@siddharthanvarier3342]

Sibal Sir, if you are incensed with contemporary CRIMINAL TENETS, why not initiate REFORMATIVE processes through A REPORT, reforming the staid and out-dated set of bail LAWS

[@zak4871]

Everyone is scared watching their own back …

[@anjanamalhotra7593]

Such a pleasure listening to these stalwarts. Sibal ji his passion for law & Justice,his conducting of this Dil Se, the many many experts that he puts together. Am glued !

[@siddharthanvarier3342]

WHO JUDGES THE JUDGES? THE CENTRAL VIGILANCE COMMISSION?

[@narendrasinghsingh4075]

Sibbal has amassed so much wealth now he should render his services free of cost to poors and needy

[@bm8292]

It is not a broken legal system but the continuation of the British raj system. Why is sibal doing the talk of the Undertrials. Lawyers like him charge lakhs which unfortunately the Undertrials cannot afford, especially the daily wage earners, the downtrodden and others.

[@dangmeipunshi]

Truly agreed… very sorry that this is happening…

[@anoopsrana]

"Today's education system is less about education and more about system." ~A.S Rana

[@skluthra]

सर्वोच्च कोर्ट बार-बार उधृत किया जाता है कि बेल नियम है जेल अपवाद फिर भी आरोपी जेलों में सङ रहे है केजरी,मनीष, विजय जैसे लोग बार-बार L/H/SC से कुछ राहत पा जाते है, क्या सरजील इमाम/उमर खालिद जैसे लोग सालों से बिना नियमित मुकदमें चलाए सङाया जा रहा है।

[@samirkumarpattanaik5591]

"Change the procedure" is the need of the hour.

[@samirkumarpattanaik5591]

"Courts r playing ostrich" is a version of the panelist is a big statement. Mr Sibal himself has done in the past and will do the same once he or his Gov't comes to power. So in short this has been a practice with each gov't to play foul and play victim after the power goes out of their hand. The word " convenience" plays the role ultimately. This debate is therefore a platform to find faultlines of the present judiciary.

[@meerapatankar7275]

There is so much corruption redundancy and lethargy in the judicial process particularly when it concerns the economically disadvantaged. You have to also acknowledge there is a greater need for competent pro Bono advocates to serve justice for those who don't have the financial means. Only then can there be any changes in the number of incarcerated.

[@parimalbardhan7367]

Use of term "ordinary","common" for people is derogatory.Such terms are colonial & used in "dictatorial" system. Let's call people as citizens.

[@jagmohansingh2994]

The enactment of PMLA had been made in UPA rule in 2005.Incidently Mr K Sibal was a part of I N C.

[@reecosmicatomsb8576]

& also law minister during the congress regime. He's a fraud

[@bhagwantkishore5061]

Sir, I am a mechanical engineer. I don't know much about your law being in practice. To move, you need proper mechanics consisting of limbs and joints. But, in your case, I must say that your law does not have such mechanics. It catches the helpless unknowingly like a disease and does not leave till his/her home doesn't put on sale. It is also factually very strange that your law is run by the remote culprits. They know how to use, reuse, diffuse, recluse, confuse or amuse the law. In such circumstances or as the data narrated, can you say the Supreme Court is a custodian of law. To improve your mechanics, can't you and your parliament make a better modus operandi to operate? Why is an FIR not written outside of thana? Why is there no committee of SDM+DSP+SHO+ASI to investigate the matter after hearing the parties concerned. The committee should submit its report to SSP or DC for arrest or otherwise. FIR is a very frightening document for the poor, helpless and the marginalized. Panch, Sarpanch should also assist such committees. Further, ASI, or SHO does not know which section of law should be tagged with offence. On the action of ASI, whole advocacy and the judging moves. Strange. Very strange. Sir, do you know how NDPC cases are being framed? It all depends on the willingness, high handedness and greed of ASI. To save the people from police and draconian laws, police must be kept away and FIR must be written somewhere else. Why have the CBI, ED, IT etc given unbridled powers in terms of time? One month 's period is sufficient to complete the job or investigation. It enlarges only when the government wants otherwise. Here is the point when these become parrots. Otherwise the government does not leave stone unturned to put a pet or parrot in the government cage. Everybody knows it. Yet your law panda is very slow to deal with high profile accused but very much slow in dealing with the helpless. Your panda is very amazing. Should it not be better to bring a new panda from Britain?

[@FahmeedaHaseena]

Sibal sir you are great posnality god bless u

[@bond397]

Well spoken sir.

[@mariafernandes6486]

This is a discussion of excellent quality. Participants all legal luminaries. M. Sibal as the anchor really takes the pain to select relevant topics in this programme. As commoners we have hardly understood the new laws. This is a good experience with examples. Keep it up Mr. Sibal.

[@adibmaleka8802]

DrAdib maleka. The education ministry must introduce important parts of the constitution of india to make the general public their to make them aware of Rigjts and duties as of today the people in power is taking advantage of the ignorance of public about their rights and duties the sc must take a suo motto of the plight of the citizens and introduce the constitution from school level itself instead of religious books in the syllabus. To make the eduction more useful for the country Ban Evm to have honest sincere educated young politicians.

[@mahendrasinhchauhan8497]

Frequent adjournment in bail matter is ground.

[@subhajeetdas4746]

BHP is not a Dedicated to be implemented for all other believers of Christianity in India

[@ramd4392]

💯 💯

[@RUSSELRAJ-o9t]

It is not correct to say that the justice system is broken. In fact everything is broken 😁😁😁

[@chetansamariya8482]

Recent trends of Grant bail is under suspicion of common men... HCs and the trial Court very reluctant to grant bail, one has to approach Apex Court for set himself at liberty

[@vinayvashisht9270]

Agency should first collect the related material, scrutinise it, sift it n when agency comes to the conclusion n there is utmost necessity then n only then in end the agency should arrest with the permission of Court.

[@parimalbardhan7367]

Issue as it prevails needs to be nipped in the bud.Mere suspicion mustn't be the reason for arrest.Suspicion is subjective & can be derogatory.

[@venkatararamana1303]

Please Sir, Suggest HOW TO CLEAN THE MESS.

[@sankarbasu8524]

Accountability for any Action should have to be fixed , even for the investigating persons or Agencies, otherwise this system will be a meanace for the citiuzen, & the poor, PEOple in POWER & the rich, havebeen enjoying independance. BUT none have accountability & responsibility for their ACTION. BUT THANKS to ALL.

[@joshuacherian6718]

Under BJP...india heading for Zamindari system. Jiski lathi uski bains🤣🤪😂

[@PL-ql6dh]

I'm sorry but my respect for K.Sibbal was lost on the day I saw him trying (very incompetently) to argue the case for the WB govt in the ongoing RGK trial...and I write this as a completely apolitical observer.

[@arvindasthana3883]

Wire .. These advocates... ... monopoliesd the judiciary Look at the way they get dates ... Put pressure on judges ... No of case per advocates per year should be restricted to ensure fair play ...

[@AllauddinTaibun]

Good channel 👍

[@chetansamariya8482]

Bt why the high court not adherence to the apex Court guidelines... Are HCs are under pressure of any exterior Powers

[@mohibquadri4053]

Insightful 👍

[@amaderaayin5772]

What the Supreme Court preaches as principles are not practised by it. The protector of fundamental rights does not get time to hear some selected cases even in years! And sometimes it acts in lightening speed when the men in power want it! Good discussion! But discussion only. When should our theoretical discussions come in practice?!?

[@rohintonpavri1976]

Sir please you help them to get them out of the jail

[@BharatAnurag77]

bail is very crucial in the judicial process and system

[@tadap109]

कपिल मिश्रा,अनुराग ठाकुर,की सजा,उमर खालिद भुगत रहा है

[@anirudhsingh3498]

I understand that the system of Compensation by the Government cannot be implemented in India. [There is no money] However, personal compensation by the designated investigating officer, certainly, can be. He was the one who implemented the order on someone's behalf. Government Officers/servants enjoy a lot of liberties. [Depending upon the net-worth of the designated investigating officer]

[@anirudhsingh3498]

At least a review of this by responsible and Independent law officers is going to help. Paving the way for future implementation.

[@Fmb760]

कपिल सिब्बल आरएसएस एजेंट हैं

[@nanthakumaranmanickam5019]

I do not think bail is a right. Only legally deserving cases should be entitled to bail. There are high profile cases like the doctor who was raped and killed deserve bail.

[@Nikhil-ci7jz]

Great interview. Just a suggestion for Mr. Sibbal, he should do an interview with first generation lawyers who are doing good work and discuss the challenges they've faced in the litigation profession.

[@Xanadu1510AE]

Mr Sibal showing signs of a double agent!! After the WB government representation his words seem hollow!!

[@zak4871]

If accusations are wrong the people behind “false accusations “ should be prosecuted too

[@pseudonym9215]

This is why you are not a lawmaker.

[@EternalBeing-j1t]

Awesome discussion 👏👏👏👏👏

[@drshokatalisaiyed4733]

Are 179 lakhs indian migrated in the entire world????? Are the brain, capital, labour drain good for the nation???????

[@bharatraut3234]

The issue concerns lebrandzzz😂😂

[@ebenezerking475]

Keep on speaking won't give any results, gather the people if possible and come to public for every issues. People are fed up with hearing details on and on. No changes can be expect, if things didn't come to the ground.

[@rameshbakshi3141]

ABSOLUTELY RIGHT SINCE JUDICIARY UNDER PRESENT CJI & EX CJI GOGAI WITH THEIR NUMBER OF CONTROVERSIAL JUDGEMENTS WHERE THEIR BIAS & SHAMELESS BEHAVIOURS IN FAVOR OF REGIME IS CLEARLY VISIBLE MADE MOCKERY OF WHOLE INDIAN JUDICIAL SYSTEM. DANGEROUS THINGS IS LOWER COURTS R ALSO FOLLOWING THEM & BEHAVING SHAMELESSLY.

[@AmitabhRoy-ye3xz]

Hopeless

[@anam56]

Heading is absolutely correct

[@balapatil516]

Bazigar Shahrukh khan dialogue, aapko vani vipaksh ko chalne ke liye baisakhi ki jarurat Hoi, magar use pakadne ke liye haath nahi hai. Yeh tripple ripple modi yogi shah ka magic hai. Only one thing u can do. Debate about it. Can't do anything else.

[@preetik1564]

I alaude i mean laude your efforts for justice but hou can we accept your appearing for the vedanta group not standing for the ordinary people who shot dead socruely

[@drshokatalisaiyed4733]

Are world Economic indicators for the indian economy very poor??? Is it good for the honest, skilled, poor people/student??????

[@shoebkhidmatgar752]

very important issues discused and opening mind discussion

[@khaleelahamed7476]

A outstanding discussion about investigation took place by law enforcement agencies in criminal case before investigation they arrest and then start investigation is highly against Article 21, Supreme court must from some guidelines to law enforcement agencies how to proceed with the investigation,A very very useful discussion much light brought on police investigating agencies

[@siddharthanvarier3342]

After the fresh criminal laws have come to force, the RESPONSIBILITIES and ACCOUNT ABILITY of the Police Departments, HAVE INCREASED, MANIFOLD But, NOT AN IOTA of this is demonstrated in the WEST Bengal Abhaya CASE which, honestly speaking, has been DROWNED in Avalanches of paper-work and TRIVIALITIES, which have little impacts in the FINAL VERDICTS, and Sibal Sir was catering to the DEMANDS OF THE JURY, rather than his HIRERS, the WEST BENGAL GOVT.

[@rkdeka-jg8wf]

The CBI, on many occasions, continues to investigate of very long time but can not establish a case. After dragging on for long, they absolve a person when they find no evidence. The long drawn process of investigation causes innumerable harrasments and deprive a person of many dues, but CBI do not/cannot make up for these losses. Why ?

[@anadimohan1909]

Excellent debate by intellectual s

[@siddharthanvarier3342]

Madam, does the BAIL Application DESERVE MERIT? No Merits? No Bail?

[@gopalkarunakaran]

If it is an illegal detention, the police officer must be accountable and proceeded against, not just say he made a mistake.. 😢

[@siddharthanvarier3342]

Gravity of case,? Criminal background,? Flight risk? Probability of criminal recdivism? Public safety and law order threats? Streets not safe,?

[@iqbalfazli371]

why not higher courts are directing or interfering when gross violation of human rights illegal detention for indefinite time.....

[@parimalbardhan7367]

Law is onething but the institutions which are responsible to provide justice must be transparent,expedititious,sensitive to individual liberty

[@reecosmicatomsb8576]

No liberty to anti nationals, rapists, fraudsters.

[@girish692]

Mr Sibal you are one of the richest criminal lawyers in India. Your fees is always beyond the reach of common man. You only appear for either state governments or for terrorists or for people like Teesta Settalwad. So please don't talk on human rights.

[@siddharthanvarier3342]

Respectable Sibal Sir, are you trying to put across that INNOCENT inmates are Languishing in jails for decades, DUE TO NO FAULT OF THEIRS? Well, WHY DO THEY LAND UP INCARCERATED, in the first place?

[@gopalkarunakaran]

Whats depressing about India and Indians, its not just about rule of law or the lack of it; its the lack of Spine in people in important positions. Lie supine!! Its moral decay and cowardice. CBI, ED, courts, Police Chiefs; no spine? Reed ki haddi kidar?

[@vinodbajaj8076]

Res Senior Adv. of SC 🙏

[@pseudonym9215]

India can never even come close to being a developed country unless law is accessible to the common man. And common man is empowered to exercise their rights given by constitution.

[@socorrorebello6166]

It is always a pleasure Listening to our country's star advisor Kapil Sibal Sir, the gem of a person 😊

[@ravindrahemmanur3395]

In a system where 'innocent until proven guilty' is the ultimate maxim, a person who is charged but not yet convicted of a minor crime shouldn't be sent to prison merely because he or she lacks the financial ability to post bail. Chris Sununu 2. What's the price of justice when bail is set unreasonably high? People are behind bars only because they are poor not because they're danger or a flight-risk but only because they're poor. They don't have money to get out of jail and certainly they don't have money to flee anywhere. Loretta Lynch 3. The problem with money bail is that, it puts a price tag on freedom. It says to someone who is wealthy, no matter how dangerous you are, you can buy your way out. Chesa Boudin

[@gopalkarunakaran]

Three super senior people, all saying these laws are very dodgy....so what is going on, Bharat??

[@reecosmicatomsb8576]

They are themselves part of the mess. Ask them what they were doing during 67 years of their government regime.

[@anjanamalhotra7593]

Spare a thought for Umar Khalid pls 4 years counting

[@reecosmicatomsb8576]

He's not applying for bail to protect himself. Why give him company if you feel so bad for him. (Tukde tukde gang leader). Why is his tukde tukde friend kannaiyah kumar not protesting for his release,?😂😂

[@SampadSingharoy-z2c]

Kapil sir 🇮🇳Hindi ma taking 🇮🇳

[@yogeshkumar-qo8yz]

Judiciary appears to be highly sensitive to government wishes and succumbs to it easily. Lower judiciary is not fool and it understands selective approach of Apex Court. My it has time for Arnab Goswami and why not for JNU youth painted as anti national