The root of the cockroach issue lies in the failure of governance and the characters of ministers, officers, police, judges and lawyers. The most important link of this pyramid is the police. In the Twisha Sharma case also, the victim’s family had to protest for several days to get the FIR registered. After the media uproar, hearings started taking place at District Court, High Court and Supreme Court. In front of the Chief Justice of the Supreme Court, the Solicitor General said that the retired District Judge is not cooperating in the police investigation. The biggest curse of the constitutional system is that the police action or silence is determined at the behest of the government in all the states ruled by party and opposition, on the lines of whose lathi is its buffalo. To create pressure for action in Kanpur, armed ITBP personnel surrounded the Police Commissioner’s office. The High Court had to give orders to stop police harassment against rebel MPs in Punjab. But the most interesting case is of West Bengal. In the case of murder of Chief Minister’s PA, the police arrested an innocent man, who has now been acquitted by the court after the application of CBI. To maintain faith in the Constitution, it is necessary to stop police harassment. For this, there is a need to implement structural reforms in policing from these three aspects. Investigation: The police did not take action in the cases of election violence that took place five years ago during the Mamata government. Now after the order of the new Chief Minister, 181 new FIRs have been registered along with the reopening of 59 closed cases. It is clear from Bengal and other states that the judicial system is proving to be dwarf and failing in front of the nexus of politicians and police. In fact, today the police have unlimited powers to register FIR or not, to take the investigation in the desired direction, to arrest and release. In the discussed cases, there is the bullet train of CBI investigation and suo motu cognizance of the Supreme Court, while on the other hand, there is the sad reality of bullock cart justice for the general public. Trust in the Constitution is weakened by not getting quick and proper justice from the courts in cases of excesses by the police and governments. Due to this, anger is also increasing among the people. Misuse: In the Joginder Kumar judgment in 1994, Supreme Court Chief Justice Venkatachaliah had ordered to stop unnecessary arrests. In the Arnesh Kumar case, the Supreme Court had said in 2014 that along with the police, the courts are also accountable for unnecessary arrests. Under Article 141 of the Constitution, the decisions of the Supreme Court are considered binding like law. A case of contempt of the Supreme Court decisions should be filed against the police officers who abuse their powers by granting bail to the accused in false cases. Reform: Police must be made accountable. The new Congress-led government in Kerala has constituted a committee for police reforms with initiatives to increase cleanliness, accountability and sensitivity in 484 police stations. According to the Constitution, the subject of police is under the jurisdiction of the states, while 3 new criminal laws have been implemented by the Central Government. In line with several judgments of the Supreme Court, several reports of the Administrative Reforms Commission and the Law Commission, states need to provide more funding for police reforms, modernization of prisons and judicial administration in collaboration with the Centre. The justice system is proving to be a failure in front of the nexus of politicians and police. Today the police have unlimited powers to register FIR or not, to take the investigation in the desired direction, to arrest and release. (These are the author’s own views)
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Virag Gupta’s column: The time has come for necessary reforms in our police system.
