Police should adopt polished ways of investigation

The Greek philosopher Plato (427-347 BC), once said, "The ideal society is one where there will be a complete absence of the police." In other words, the people would be enlightened, civilised and self-regulated. In such a situation there will not be any need to have the police force because there will be no crime and hence no criminals.

At home in India, the concept of Ram Rajya also is akin to the Platonic concept of police-less society. However, in reality it is impossible to imagine such an idealistic society. Therefore, police force in all societies whether developed or under developed forms an important wing of administration.

True, depending upon the gravity of crime and complications involved therein, the police have to use 'reasonable' force. Our courts also have conceded to the use of minimum force by the investigating police to extract the relevant information about the crime.

However, these terms are in grey areas. The law, particularly the Code of Criminal Procedure does not define as to what is the 'minimum' or 'reasonable" force that is permissible to be used by the police. In practice what is to be seen is that several people are picked up and kept in the illegal custody by the police treating them as 'suspects' without filing any First Information Report (FIR). In order to escape from the clutches of brutal investigators, the rounded up people have to succumb to all sorts of pressures and illegitimate demands from the police personal. The demands include, unpaid physical labour work either at the police station or at the residencies of police officers, illegal gratification running into thousands or lakhs of rupees depending upon the gravity of offence and financial status of the rounded out suspects, sexual favour from the women etc. But all these come only after a thorough bash up of the illegal captives.

Strangely, all this barbarism which began in the Mughal era and transcended into the British regime is still continuing in the free India even after 73 years of freedom. More so, the Constitution of India guarantees every citizen some fundamental rights including the right to life. Besides, the technological evolution has taken a quantum leap and with the help of latest electronic gadgets and scientific innovations, the task of the investigating agencies has been simplified beyond imagination.

Then what could be the reason for continuation of the archaic barbaric methods of investigation even today? There are several plausible regions. May be our police force is ill-equipped with the scientific methods and use of latest electronic gadgets or there requires a thorough overhaul of their mentality. At times, to please some wealthy, higher ups or political bosses, the investigators cross their limits and put their uniform into shame.

And the most worrying thing is that even the directions of the higher courts against the use of criminal force during investigation are flouted without impunity. The increasing number of fake encounters and custodial deaths, the latest being Toohtukodi incident, are really a matter of grave concern. Hope, the law makers, Sardar Vallabh Bhai National Police Academy and all state level police academies and the judiciary will rise to the occasion and device a mechanism to arrest this unhealthy trend. The nation today needs an efficient and humane police force and certainly not the criminals in khakhi.

Press freedom …

This piece is especially for the critics of India who falsely spread canard that there is no freedom of expression in the country. This is evident from two judicial pronouncements concerning the freedom of expression in India and Iran just as an example. Recently the Bombay High Court in the case of Arnab Goswami, the Editor-in-Chief of Republic TV, against whom two FIRs have been filed by the police for allegedly communalizing the coverage of Palghar mob lynching incident and the incident regarding gathering of mi grants outside Bandra station during lockdown, suspended proceedings observing that "We cannot have the spectacle of a Damocle's sword hanging over the head of journalist while conducting a public debate. India is now a matured democracy. Seventy years into our republic we cannot be seen to be skating on thin ice so much so that mere mention of a place of worship will lead to animosity or hatred amongst religious communities causing upheaval and conflagration on the streets. Subscribing to such a view would stifle all legitimate discussions and debates in the public domain."

On the other hand, Iranian journalist, Ruhollah Zam, who allegedly inspired anti-government protests in 2017, has been sentenced to death. The Court considered 13 charges together as instances of 'corruption on earth' and therefore passed the death sentence.

In Iran "corruption on earth" is a charge often used in cases involving espionage or attempts to over throw the government. However, the sentence is appealable before the Supreme Court.

In this case, there was no allegation against Zam that he actively participated in the anti-government protests. Merely on the assumption that his writings 'inspired' the anti-government protests should not have attracted the capital punishment which can be awarded only in the rarest of rare cases of heinous nature like sedition, premeditated murder, genocide, dacoity, rapes etc.

Nagaland a 'disturbed area'

The Central government has declared the whole of the State of Nagaland as a disturbed area and extended the operation of Armed Forces (Special Powers) Act (AFSPA) for a period of 6months from June 30.

An official gadget opined that the whole of Nagaland State is in a disturbed and dangerous condition therefore the use of armed forces in the aid of civil power is necessary.

Bail only if you are a 'Swadeshi'!!

Keeping in tune with the nation's current anti-China mood, the Madhya Pradesh High Court recently directed two accused to install coloured LED TV at a local district hospital as a pre-condition for bail.

Justice Sheel Nagu ordered: "the petitioner along with petitioner in McrC No. 11789/20 undertakes to purchase and install a black coloured LED TV at Renbasera, district hospital, Morar, woth atleast Rs.25,000/- manufactured in India or abroad except China." The bail petitions related to the offence of attempt to murder. The Court observed that since the charge sheet in the latter had been filed, the accused were no longer required for custodial interrogation.