In several countries in the west, the investigating and prosecuting agencies are different, and the latter can shoot down cases where there is not enough corroborative evidence. Here in India the prosecution counsels are supposed to vet the charge-sheets, but they rarely apply their mind and prefer to go with the police in most cases. The sorry story doesn’t end there. In terror-related cases, lower courts too play along, convicting all the accused.
Generally speaking there seems to be an unholy nexus between the presiding officers of the lower courts and senior police officials. “Sir you must impose stringent punishment..…Your verdict should prove a salutary deterrent,” the magistrates or sessions judges would be told – the implication being don’t worry too much about things like evidence “in the interests of the nation.”
Remember the notorious off-with-their-heads judgement in the Rajiv case, sentencing all 26 to death at the TADA court. Coming to think of it, the Supreme Court could bring itself to solemnly proclaim in the Afzal Guru case, “The gravity of the crime conceived by the conspirators with the potential of causing enormous casualties and dislocating the functioning of the Government as well as disrupting normal life of the people of India is something which cannot be described in words. The incident, which resulted in heavy casualties, has shaken the entire nation and the collective conscience of the society will be satisfied if the capital punishment is awarded to the offender.”
And thus the very essence of criminal jurisprudence, innocent till proved otherwise, is blithely ignored.
Yet again thought the Human Rights Commission in Karnataka might have recommended some token compensation to the three let off in the Malleswaram case, those wronged are rarely compensated adequately.
In the Arvinder Singh Bagga vs State of U.P, 1994, the SC categorically declared that the state shall pay compensation to all persons illegally detained and humiliated for no fault of theirs.
“Torture is not merely physical, there may be mental torture and psychological torture calculated to create fright and submission to the demands or commands. When the threats proceed from a person in Authority and that too by a police officer the mental torture caused by it is even more grave.
5. This clearly brings out not only highhandedness of the police but also uncivilised behaviour on their part. It is difficult to understand why Sukhpal Singh, S.S.I. assaulted Nidhi on her leg with Danda and poked it in her stomach. Where was the need to threaten her? As rightly pointed out in the report that torture is not merely physical but may even consist of mental and psychological torture calculated to create fright to make her submit to the demands of the police. A further reading of the report shows:
(ii) illegal arrest;
(iii) without personal knowledge or credible information that the arrested persons were involved in a congnizable offence; and
(iv) illegality of verbal order of arrest not contemplated under Section 55 Cr. P.C.
This again is a blatant abuse of law.”
The Delhi High Court too has clarified when one can seek compensation. “When a criminal case is registered against somebody, the Court cannot jump to conclusion, merely on the basis of FIR, whether the case was a false case or a truthful case and whether the petitioner has been malafidely arrested or has been rightly arrested. FIR is merely a first information given to the police so as to bring machinery of criminal law in motion. FIR is not considered as an encyclopedia of facts. It is only after challan is filed, the Court can form an opinion, at the time of framing of charge, whether a case was made out against the accused worth trial or not. If the evidence collected by the prosecution does not disclose commission of any offence, by the accused even prima facie, the Court has to discharge the accused. The accused at that stage can lay a claim that the case was got registered against him malafidely and police also acted malafidely. Even after charge is framed, on conclusion of trial if a Court finds that no case was made out against the accused and he was falsely implicated, the Court is bound to acquit the accused and that will be the second stage whether accused gets a right to claim that he was falsely implicated.”
The compensatory jurisprudence introduced by the Supreme Court of India by invoking powers under Article 32 gained tremendous importance in recent times due to the increase of the incidents of State lawlessness, police lawlessness, custodial violence, violence in jails, unlawful detentions and other violations. This innovation made by the Supreme Court is not only reducing the multiplicity of litigation but also helping the courts to render speedy justice to victims of the infringement of right to life and personal liberty, it has been claimed.
But then how many have the energy, the wherewithal left to sue the authorities for wrongful detention. They are relieved to be free, thank their stars, the gods, whatever and try to pick up the threads.
Unfortunately though whenever a Muslim suffers at the hands of the authorities, whether perversely harassed or otherwise, it is the fundamentalist outfits that stand to gain. They play upon the victimhood mindset of the community and gain fresh recruits. This is of course not a moral argument against unlawful detention, but we are just pointing to the danger potential in such instances.
The police have not always been unfair and cruel. Like in July 2013 when a Mohammed Tazim was arrested in Melapalayam and subsequently a huge cache of explosives was recovered. In that particular instance the owner of the house from where the recovery was effected, a woman, was not made an accused as the police realized she was not party to any conspiracy and she had no knowledge of the explosives stored.
Even in the saffron terror cases like the Malegaon blasts, Mecca Masjid bombing (Hyderabad), Samjhauta Express bombings and the Ajmer sharif dargah blast, one is no wiser after so many years.
At the same it must also be conceded that while the police are blamed for unresolved cases, very few realize that many have been cracked too successfully. And in many other instances an alert police has saved the people from dastardly crimes.
A determined police force could bust the jehadi network in Tamil Nadu after the 1998 Coimbatore blasts, but such elements have not been completely eliminated. They cannot be when conducive circumstances prevail in many parts of the world. Historical conjunctures cannot be wished away after all.
The murder of Auditor Ramesh in Salem attracted nationwide attention, and the Jayalaltihaa regime seemed to make it look as if it would leave no stone unturned till the guilty are brought to book. But the police are still groping in the dark in regard to several such cases.
Those privy to investigations say that once someone is used in the perpetration of a crime, the jehadi bosses don’t go back to the same persons when planning the next kill. New modules are set up. Besides they rarely take to cell phones or e-mails as they are regularly monitored. Word of mouth is the name of the game, and it is very difficult to crack when everyone suspected stonewalls, and then indiscriminate arrest and torture happen. The vicious cycle goes on unimpeded. That is sad and tragic, but only enlightened authorities can break the cycle. What with someone like Modi as the PM to talk of enlightenment or considerateness on the part of the various governmental agencies could only sound as a sick joke.
But Modis and Amit Shahs alone can be blamed for the current depressing scenario. If 12 years later the Godhra train burning still remains a mystery as does the question who was responsible, the higher judiciary too should share the blame. Now that Modi has become the PM, one can expect a silent burial of the cases relating to 2002 events.
Even otherwise every High Court or Supreme Court judge nearing retirement seems to be racking their brains on how to land some sinecure and so go all out to please the rulers of the day.
Witness the alacrity with which the Supreme Court gives in to almost every plea of Jayalalaithaa in the wealth case, now dragging for over 17 years, or the priority given to IPL issues and Srinivasan’s future as the boss of the BCCI when thousands of other cases pile up before it every day.
And when someone like K.G.Balakrishnan, facing a slew of corruption charges, is heading the National Human Rights Commission, how can one expect the agency to show any concern for the underprivileged groaning under misuse of power?
Thus Narendra Modi as the Prime Minister, with Amit Shah as his hachet man, a jingoistic and irresponsible media, topped by an indifferent or pliant judiciary, is there any hope? Readers can decide for themselves.
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We shout from roof tops : Terrorism has no religion! But, after any incident, in the course of the investigation, some investigating officer says matter-of-factly, ‘there are similarities with xxyyy incident; so we suspect LET or IM or whatever blah-blah”. Hell will break loose: “for any blast, only Muslims are suspected, blah-blah..” If everyone takes religious sides, how can police get any clue for pursuing investigation? Some suspects would be taken into custody, for interrogation; some may be innocent too. But we have enough people to orchestrate shouts of partisanship, etc. I do not know, in how many cases, the landlords of such budding terrorists gave info to Police and alerted them. Did any neighbour give any alert to other neighbours? The perpetrators of all such crimes rent houses as though they are pursuing religious preaching, work etc.; but in fact, do the last-mile planning for the blast-sites selection and recce. Let there be a ideological justification for revenge/attack and a bomb is exploded in the bazar: one of the victims may be your school-going son, passing the road at that time. Bombs do not know religion: they simply kill.
We have seen enough of Congress. Modi is the need of the hour.
Savukku & TNG!
Why unrelated FBI emblem for the article?
Kindly change the mindset that only USA/Right wing groups are ever devils?
Most of today’s social advances are due to Evil capitalism and technology!
Most of today’s deficiencies are due to failed Communism (one of best “ism” but worst followers) and illogical, aimless maoist and religious terrorists!
From educated people, i expect objective analysis from all angles on any matter!
Educated people MUST not hero /policy worship/fanatics!
World, ever function , minimum 60%, in unwanted ways ONLY!
We too be optimistic on positives and not try to score brownie points on negatives!
Gandhiji, mandela too fought for rights!
Hitler, Japanese too fought aggressively in world wars!
Your Idol ,LTTE Prabhakaran too fought killing own Tamil brothers and whoever came in his way!
In the end, made his own people as refugees , everywhere!
Ways, flexibility and means are also to be good to get best results!
Small people only fight!
Big people like President Kalaam too fought poverty from Rameswaram and became President in 35-40 years!
So , Savukku can know and support right and good ways to fight!
Best wishes for good fights!
Actually this is fr T.N.Gopalan Mr Kaalam. just to clarify. if u have a f/b a/c may be we can be in regular touch
Yes i do know, u appreciate TNG and Mr.Kalaam’s fights!
i do write about to fight balancedly without bias, fair and right!
Not empty fights and end results worse than before!
Results of empty Communalism/Communism/Capitalism/casteism/linguistic/caste/creed fights – for or against fights –are more ugly than good in the end!
Anyway constructive fights are not bad idea!!!
Police and Judicial delay and inefficiency is root cause of all!
As usual your article is harping on BJP related riots/incidents only!
What about 1984 Sikhs massacre , Political violence and murders in Kerala and west bengal?
Any valid cause/provocation/action for them?
Uneducated intelligent poors,analyse this and throw Congress and communist governments!
Educated Idiots, dont analyse all riots in balanced way and live in their own fools paradise!
I am not DMK/ADMK/BJP/Congress/Communist /any caste, religious party sympathiser!
I am just balanced human!
No religious/language/political/caste/creed factor can justify any riot/violence!
If you have such a deep pessimism on Indian institutions, why don’t you consider leaving the country and live outside happily? That is what Kamalahasan wanted to do when he felt helpless against communal elements whom he thought would come to his side because of his Hindu bashing.
Just can’t understand why a few people are obsessed with only Gujarat riots to the complete neglect of loss of life in other riots in the country which are not hard to find. May be some politician saw red in a rising star that needed to be nipped in the bud so for them it was important for them to spread falsehood in order to gain politically. Why other innocent people should fall a prey to such a design? They don’t gain anything by nurturing such a false sense of injustice. On the contrary, they will make life miserable for themselves as the country is going to remain this way for ever. It is better for them to change their perspective & view things rationally and logically so that undue hatred is removed from their minds and they start integrating well with the rest of the public in India.
Who are you to say who is to live and who has to leave ? This is country belongs to every citizen. Mody may be the ruler but not the owner. My home, my village and my citizenry is my birth right. No d.g can question that. Why my right is violated I will fight!! Shall not leave!!
Can u argue about your rights in any religious country?Bane of democracy is more than enough rights and still unjust fights and violence feigning injustice! All rights need to be with some discipline, obedience, responsibility and hardwork and not just in the name of majority/minority non senses?Hard working Kalaam from rameswaram went on to become Best President by a BJP support! Anyone opposed/prevented?
Yes. whatever that be my birth country, I will argue and standup for my birth right and seek to violate anybody else’s birth right as how much I respect my own right.
Simply because you close your eyes doesn’t mean that rights don’t exist else where. Dubai is not the only country outside India and you don’t get to read societies on prime media. You have to displace yourself out of your comfort zone to learn about others.
You worry about your rights and I worry about mine!! You have no business inside my homes and I have nothing to do in your homes.
lovely kaalam…wd like to know more abt u…keep giving it back…communalism we sd fight back wherever we can
I worked in India for 16 years and then near australia and Dubai for 16 years!
I am not in my comfort zone!
I am not closing my eyes!
i dont seek extra rights in my birth country or living country and live as per rule or situation of that place.!
I had my difficulties all along and solved through efforts and patience for near 35 years!
I dont seek to violate anybody else’s birthright like you!
When you are sincere and hardworking, all rights and good will come to you!
If not you get 1001 chances to complain!
When you people learn to live without quarrels and be accomodative ???????????
Today it will be birth right, tomorrow religious right, then terrorism &seperatism??
Is it the route for endless fights?
If you start fighting/arguing, there is no end and u can justify it in anyway!
The same way others too justify!!
Best wishes for all non-sense fights!
மோடி பிரதமர் வேல்பாளாராக இருந்த போது ஆயிரம் அவதூருகளினை அவர் மேல் அவர் சூரியன் உங்களுக்குத்தான் வாய் வலித்தது பாவம்..அவர் ஜெயித்து ஆட்சியைப் பிடித்து திறம்படநடத்தவும் ஆரம்பித்து விட்டார்…
ஆனால் உங்கள் குரைப்புச் சத்தம் இன்னும் முடியவில்லையே…