NEW DELHI: The law of jurisprudence will always have strong links to morality, and this principle has existed before the 'existence' of mankind, veteran Naga leader SC Jamir said on Saturday, sharing his thoughts on the Modi government's decision to do away with the British legacy and overhaul India's criminal laws. "Let us understand one simple thing: the law is always supreme, and it has always had a strong connection to morality. So, all religious scriptures across the globe prohibit mankind from telling lies, cheating, dishonesty, stealing, adultery, and so on. But look at their strengths; most moral laws are oral, but they are still obeyed and respected," Jamir told this journalist. Answering questions on the new move and new nomenclatures, he said, "In a lighter vein, I will say that many people in our diverse country used to English usage will find it difficult to familiarise themselves with the new names".
The Bills introduced in Lok Sabha on Friday say the 1860 Indian Penal Code will be replaced by the Bharatiya Nyaya Sanhita, while the Bharatiya Nagarik Suraksha Sanhita will be the new name for the Code of Criminal Procedure, and the Bharatiya Sakshya will replace the Indian Evidence Act. "But as a matter of principle, I agree with what Home Minister Amit Shah said: that the new laws will seek to ensure justice and not punishment... That should be the spirit of any law," said Jamir, an alumnus in law from Allahabad University. "The jurists certainly deserve high respect in every era. It is they who have played important roles in the evolution of the law. I think this is why, and it is because of their wisdom, there are codified laws in almost all countries in the new century".
"In the context of ensuring that the law should seek justice and not merely punish a criminal, I must say that the human mind and heart make a unique synthesis. This I started understanding this better as a politician than I did as a legal professional," Jamir said. He said, "I will give you examples. During emergencies, I gave free legal service to the people, and at that time, my clients were able to give eggs or Naga rice beer as gifts. Two peculiar but significant cases I had to defend A murder case where one youth from Longching village in Mon district was the accused. He had shot dead an Assam Rifles personnel officer. That Assam Rifles personnel reportedly started frequenting the house of his fiancee."
Jamir recalled, "As his defence lawyer, I asked him privately to state that it was accidental and not intentional... But you may not believe it; the accused simply declined. He proudly said he killed him because the AR personnel jawan had tried to spoil his fiancee". "A case of this nature requires appropriate provisions of law," remarked former Nagaland Chief Minister and ex-Governors of Gujarat and Maharashtra.
Jamir further said, "I recall another case exhibiting highhandedness of the magistrate where he had imposed a Rs 30,000 fine on a poor villager just because his son was in the Naga national movement (insurgent). The ordinary cultivator had no means to pay the fines, so he came to me for help. I made the magistrate withdraw the order. The arbitrariness of the magistrates very often lets the innocents suffer," said 92-year-old Jamir. (IANS)
Also Watch: