21 Sep 2019, Pune: Speaking on the occasion of “Surana & Surana National Trial Advocacy Moot Court Competition & National Judgment Writing Competition” held by Bharati Vidyapeeth Deemed University’s New Law College, Pune dated 21st September, 2019 at 10.30 am. The competition was inaugurated at the auspicious hands Mr. Justice B.R. Gavai, Judge, Supreme Court of India, Mr. Justice Prakash Deu Naik, Judge, Bombay High Court, Prof. Dr. Shivajirao Kadam, Chancellor, Bharati Vidyapeeth, Mr. G. Jaykumar, Registrar, Bharati Vidyapeeth (Deemed To Be University), Dr. Adish C. Aggarwala, President, International Council Of Jurists, Dr. B.M. Deshpande Incharge Principal, New Law College, Pune, Dr. S. Ravichandran.
Mr. Justice B.R. Gavai, Judge, Supreme Court of India quoted that, “Law is not Static, but it is Dynamic: Law is Changing as per the Needs of Society. What is Law? Law is a set of expected conduct of society or individuals and it is rules of conduct about how to behave. Law has been evolved from the ancient times as in Shruti’s, Smruti’s, Manushastra, Kautilya’s Arthashastra, where equality of law is important that even king was not above the law. Dharma is not religion but it is right. In Mughal era, Islamic Law was emerged due to British courts and later on offences were prescribed: offences against body, property, etc. Law is not static, socio, economic and political factors has a effect on law making. Changes to Law by Judiciary, Legislature have started as in the cases of women atrocities e.g. Dowry deaths, Presumption of rape etc. Contemporary Laws were not sufficient so Domestic violence act was passed for immediate relief and maintenance, so changes in law were made for protection of women. Due to cases like Nirbhaya case under guidance of J.S. Verma amendments were made by the legislature that even threat to rape is made an offence. Laws were made more stringent and strict, so that
maximum cognizance of various offences can be taken. After Nirbhaya’s case in Juvenile Justice Act, age of the juvenile was reduced from 18 to 16 years. Various laws were also passed and amended like POSCO, Atrocities on SC/ST, Narcotics Drugs Act, Food Adulteration Act, Negotiable Instruments Act, etc. To stop terrorism Unlawful activities and prevention act was passed with strict provisions to prevent harm to Unity and Integrity of Nation. In modern times due to Industrialisation, Globalization and Privatization new crimes emerged like white collar crimes, cross border crimes, benami transactions and for that Money Laundering Act, Fema Act were passed and powers were given to enforcement directorate, power to attach and seized property etc. Investigation in white collar crime is complex. Use of Internet, advancement of Science and Technology has forced to amend to Information Technology Act and Evidence Act were electronic evidences are allowed. Hard work is a key to success as a student of Law. A Lawyer should have practical knowledge with theoretical knowledge. Trial is the foundation of the case. A Lawyer shall be well versed with art of cross examination.”
Mr. Justice Prakash Deu Naik, Judge, Bombay High Court stated that, “A crime is violation of Laws and so the wrong doors are punished. It is important to analyse why people commit crime and what is the punishment prescribe. There were various schools of criminology: pre classical school, classical school, geographical school, etc. Reasons for crime are mental, poverty, literacy, pornography, and cinema, greed for money or property. In criminal jurisprudence evidence shown has to be proved beyond reasonable doubt to prove the accused guilty and accused has right to legal aid as in case of Kasab. Circumstantial evidences, actus-rea, mens-rea, confession, cross examination are key to determine crimes.”
Dr. Adish Agarwala stated that, “Delay in justice is a major problem of judiciary. Private practitioners are affected due to delay. Now a day’s strength of Surpeme Court Judges have increased in order to have fast justice.”