Justice Lokur questions arrest-first investigation-later approach:Says, ‘Hindu nation impossible without rewriting Constitution’; urges careful functioning of central agencies

Former Supreme Court judge Justice Madan B. Lokur has said that central agencies like the ED and CBI must act with restraint and responsibility, instead of arresting people first and investigating later. He also asserted that India cannot become a “Hindu Rashtra” unless the Constitution is completely rewritten — something he believes is practically impossible. Justice Lokur was in Bhopal on Monday to address journalism researchers at a Vikas Samvad programme. In a special conversation with Dainik Bhaskar, he responded to key questions on the judiciary, constitution, central agencies, and recent global developments. Read, what answers Justice Lokur gave to the questions… Q. Central agencies like ED and CBI face criticism for arresting first and investigating later. What is your view? Justice Lokur: Agencies must work carefully and responsibly. It should not be that they get some information, conduct a raid, and put people in jail immediately. What we see now is “jail first, investigation later.” This should not happen. Q. There is growing talk about India becoming a Hindu Rashtra. Do you think that’s possible? Justice Lokur: No, a Hindu Rashtra cannot happen. The entire Constitution would have to be changed, and I don’t see any possibility of rewriting the entire Constitution. Q. Many political leaders say the Constitution is in danger. What does the judiciary think? Justice Lokur: I don’t know whether the Constitution is in danger, but the courts are definitely seeing major changes.
More than 5 crore cases are pending. This is not good. Something must be done. The judiciary alone cannot fix this—government involvement is essential. Q. You helped introduce online judicial systems. Where does it stand today? Justice Lokur: It hasn’t picked up properly. The Supreme Court has adopted online processes, but at the taluka level—almost nowhere. Poor litigants at that level can’t file cases online easily. We must think about lower courts, not just the Supreme Court. Q. Bangladesh’s former PM Sheikh Hasina has been given the death penalty. Your reaction? Justice Lokur: I haven’t read the full judgment, but initial reports say it’s a case of crimes against humanity. In such cases, many countries award the death penalty. Some nations do not. It’s a very serious offence. Q. What key reforms are needed in the Collegium system? Justice Lokur: Transparency is the biggest need.
Earlier, the Collegium said it would issue detailed resolutions. Now they say they won’t issue resolutions at all—only short statements. This needs reconsideration. Transparency must improve. Q. Supreme Court decisions are often criticised. How do you see this? Justice Lokur: That is democracy. Every judgment cannot be perfect. Some people will support it, others will oppose it. Q. Is the judiciary as independent as the Constitution’s framers imagined? Justice Lokur: It’s a difficult question.
Administratively, I feel there is government interference. But in judicial functioning, I have no evidence of interference. Q. Courtroom proceedings are now live-streamed. Videos circulate widely. Should this be restricted? Justice Lokur: If the Supreme Court or any court objects, it can stop live-streaming. But saying such videos should not appear on social media is unrealistic. If there is recording, it will appear online. Q. What role do you see for Artificial Intelligence in the judiciary? Justice Lokur: As of now, not much. It’s too early to predict how AI will be used in the future. Q. There are many questions being raised about EVMs. Your opinion? Justice Lokur: I have no opinion on EVMs. Q. What message would you give to young aspirants entering the judiciary? Justice Lokur: Think deeply about the Constitution. Follow what is written in it. Uphold its spirit. Work with honesty. Q. Which Supreme Court judgment changed you personally? Justice Lokur: I don’t want to talk about my own judgments. Q. After retirement, what work do you want to continue? Justice Lokur: I want to continue serving society through programmes like the one I attended today. Whatever contribution I can make, I will.