ANDHRA PRADESH

Implement New Cr P C In Agency Areas: CPI(M)

M Venugopala Rao

THE CPI(M) demanded the Chandrababu Naidu government to implement the new Criminal  Procedure Code (Cr P C), as amended in 1973, in agency areas in Andhra Pradesh. B V Raghavulu, secretary of the state committee of the CPI(M), at a media conference in Hyderabad on July 26 warned the government of direct action of agitation in various forms if it did not solve the problems of the tribals in the state within 15 days, besides implementing the new Code. He explained how the implementation of the old Cr P C of 1898 was arbitrary and discriminatory. 

The Governor of Andhra Pradesh by notification in G O Ms No 485 Home (Courts-B) Department dated March 29, 1974 excluded the application of the provisions of the Cr P C, 1973 to the scheduled areas in the state. It was made clear in that notification that the provisions of the Cr P C, 1898 alone would be applicable in respect of trial of criminal cases in the scheduled areas.  As the notification continues to be in effect, the old Cr P C of 1898 is being implemented till date in the agency areas in Srikakulam, Vijayanagaram, Khammam and both the Godavari districts.  In the rest of the state, the Cr P C, as amended in 1973, is being implemented.  If compared to the non-tribal areas on the one hand, or to tribals in other areas in the state on the other, it is evident that tribals in agency areas are being subjected to discrimination in matters of justice. 

DISRIMINATIONS

Firstly, there is no provision for anticipatory bail in the old Cr P C, whereas section 433 of the new Cr P C empowers the sessions court to grant anticipatory bail. Foisting of false cases on persons living in scheduled areas for the purpose of humiliating and harassing them for reasons of political or personal rivalry is not uncommon. Secondly, while section 428 of the new Cr P C provides for the setting off of the period of detention as an under-trial prisoner against the sentence of imprisonment imposed on him/her, there is no such provision in the old Code, resulting in the accused tried under it undergoing longer term of imprisonment on conviction than what an accused undergoes under the new Code. It is an irrational discrimination between similar offenders on the basis of place of offence. Thirdly, section 167 of the new Code prescribes the limit within which the investigation must be completed and if not completed accordingly, the accused acquires the right to seek bail and the magistrate shall release him on bail.  Since there is no such provision in the old Code, tribals detained under the provisions of the old Code unjustifiably languish in jails, sometimes for longer period than the maximum term of imprisonment to be imposed by the court for committing a particular offence.  Fourthly, under the new Code, the successor judge of the sessions court will continue hearing of the part-heard cases and deliver  judgments.  However, under section 350 of the old Code, if a judge is transferred in the middle after starting hearing in a particular case or retired,  his successor has to commence the trial afresh, resulting in unjustifiably prolonged detention of the accused. Fifthly, in view of the severity of growing atrocities on women, section 354 of the new Cr P C was amended.  These amendments do not apply to the old Code. As such, serious injustice is being done to the tribal women.  Sixthly, under the new Code, if the assistant sessions judge passes any sentence of imprisonment for a period of seven years or less, the appeal lies to the court of sessions.  Whereas under the old Code, if the assistant sessions judge passes any sentence of imprisonment for a term exceeding four years, the appeal lies only to the High Court.  Seventhly, the new Code gives an opportunity to the accused to be heard on quantum of sentence before imposing punishment.  The accused will have an opportunity to submit some grounds which may be considered by the court for reducing the sentence.  But, there is no such opportunity to the accused under the old Code. Eighthly, under section 468 of the new Code, period of limitation is prescribed for taking cognisance of an offence, whereas there is no such stipulation under the old Code.  Under the old Code, showing the excuse of commitment of a crime even one year back, the accused can be detained in jail now.

HRC RECOMMENDS NEW Cr P C

The chairman of the State Human Rights Commission, Justice Bhaskar Rao, inspected Visakhapatnam jail on May 7 and interacted with almost all the 800 convicts and under-trial prisoners.   The tribal prisoners among them mainly complained of the discrimination they were being subjected to under the old Cr P C. Having examined the pleas of the tribal prisoners, the chairman, in a report submitted to the governor of the state, felt that non-application of the new Code providing for intended benefits to the tribals in the tribal/scheduled areas was discriminatory and violative of Article 21 of the Constitution of India.  The chairman also addressed a letter to the law minister, enclosing a list sent by the Superintendent of Prison, which shows the hardship undergone by the tribals, and asked the government to take immediate action for extending the provision of the Code of Criminal Procedure, 1973 to the scheduled/agency areas in Andhra Pradesh. Expressing dismay at the non-response of the state government to the recommendation of the Human Rights Commission, Raghavulu accused the government of applying the old Code in scheduled areas only with a view to suppressing the people’s movements in those areas.   He also announced that conventions on the problems of tribals would be held at Bhadrachalam, Jangareddigudem, Sitampet, Visakhapatnam and Parvatipuram and  public opinion elicited.

TRIBAL BODIES DEMAND

 On August 2, Sunnam Rajaiah, MLA and vice president, R Sriram Naik, general secretary and K Lakshmana Rao, assistant secretary of the Andhra Pradesh Girijana Sangham  and several other leaders of other organisations of tribals and associations of tribal employees submitted a memorandum to the governor of the state, Surjeet Singh Barnala, explaining the discrimination being meted out to tribals in scheduled areas under the old Cr P C.  Taking undue advantage of the old Code, officers of forest, excise and police departments were harassing innocent tribals in various ways, they explained. It was reprehensible that discrimination was being shown towards tribals in the judicial system also which had to provide justice to them, they maintained.  The tribal leaders requested the governor to intervene and get the new Cr P C, as amended in 1973, implemented in the scheduled areas from Srikakulam to Khammam as in the rest of the state.       

The Sangham organised a round-table conference on “Old Cr P C - Rights of Tribals” on August 3 at  Sundarayya Vignana Kendram in Hyderabad.  B V Raghavulu, R Sriram Naik (CPI-M), K Subbaraju (CPI), Swaminathan (Congress), Gade Diwakar (CPI-ML New Democracy), Kotayya (CPI-ML Unity Initiative), senior advocates  K G Kannabiran, Pattipati Venkateswarlu, A Satya Prasad, Raghu and Damodara Rao, secretary of Adivasi Tribal Employees and Cutural Association, Jabba Chandraiah, secretary of Adivasi Vikas Parishad, Simhachalam, state co-convenor of Adivasi Rights Forum, Ella Ramireddy, vice president of Council of Struggle for  Lambada Rights, Nenavath Jamla Nayak, editor of Girijyoti, Bhima Nayak, secretary of Railway SC, ST Employees Association, V Vinayak, Vijay Bhaskar from Yakshi voluntary organisation and others participated in the deliberations. K Lakshmana Rao presided over the conference.  The conference passed a resolution, requesting the government to implement the new Cr P C, as amended in 1973, in agency areas in the state immediately.