DR. S. AUSAF SAIED VASFI records with pain how the high-ups in our Police and Intelligence setup most often go scot-free after behaving like seasoned criminals and how our law and order machinery presents lame excuses to save their skin.
Why, more often than not, a high-ranking man-in-uniform goes scot-free after behaving like a seasoned criminal? Why a Class 1 police officer should enjoy immunity from prosecution if his conduct is found like that of an arch scoundrel, a thug or a swindler? Why a Commissioner of Police, a Deputy-Commissioner of Police, and Inspector-General of Police, a Deputy-Inspector-General of Police, a Superintendent or Deputy-Superintendent or even a Station House Officer should not be proceeded against if he fails to punish his erring or scheming subordinates, who happen to be unworthy of the stars on the shoulders?
POPULAR PERCEPTION
Yes! There is an unambiguous provision to that effect, but why that important provision is used sparingly, so much so that a misleading impression has become popular, particularly among the minorities, that policemen may do whatever they want, but will not be punished for their palpable crimes.
Why the Union Home Ministry does not sincerely try to erase off this impression from the minds of the sufferers?
Here are a few depressing stories that tell a disturbing tale, a disquieting tale, a gory tale that constitute a slur on our plural, secular democracy. Why this stuff has not gingered up the big guns in the ministry? Are the Union Home Minister and the State Home Ministers ignorant about what has happened under their very noses with the public? And above all, what is the rate of success of the cases against the boys and children – literally speaking? And does anybody care about the image of the police and its officers?
What, in a 1000-word story, datelined Oct 2, New Delhi, Muzamil Jaleel said in Indian Express deserves notice: “It was a sensational claim. Presenting 24-year old Imran Kirmani before waiting cameras on November 21, 2006, the Delhi Police’s Special Cell called him a member of Lashkar-e-Toiba module” that was planning a 9/11 type strike in Delhi. To quote the report of Jaleel inter alia: Kirmani had a degree of Aeronautical Engineering from Jaipur and had done a 6-month course in Amritsar Flying Club and was working with Star Aviation Academy – nobody asked any questions. Four years, five months and 11 days later, Additional Sessions Judge Surinder S Rathi acquitted Kirmani, ripping apart the police case. Mr. Rathi found that the Kirmani family had sold a land in Sopore to help Kirmani buy a single-bedroom flat in Delhi. How inferior was the quality of the investigation case can be understood from the judgement that said the PSL report contradicted the description of the “RDX” allegedly seized from Kirmani. In fact, it negated the substance even being an explosive. Moreover, there was nothing in the records about the arms allegedly seized from Kirmani and Bafanda.
“In his deposition (Head Constable) Manoj stated that the ruqqa which was handed over to him from the spot consisted of only two pages, but ruqqa, which is appended with the charge sheet… is found to be containing seven pages. This smacks of antedating and fudging of record and documents,” the judgement said. The order also asked why a public witness was not arranged to join the raid.
In fact, Kirmani’s freedom is not the end of the story. After such injustice the Government did not even say sorry, bemoaned the accused. “And when I was released, there was no media, no cameras waiting to tell the world that I was innocent. It wasn’t a story” because the police had decided to go to the High Court.
Now what the observer in you, the noble personage within you says.
ANOTHER STORY
Here is another story equally disgusting and equally frustrating:
Three Muslim children (repeat children) charged with rioting and attempt to murder are waiting for their bail in the District Jail of Moradabad. According to a 350-word story, done by Vidya Subramanian for The Hindu, the three children along with 35 adults were picked up on July 6, 2011, the day clashes broke out between the police and a section of Muslims over the alleged desecration of the Holy Qur’ān by a raiding police party at Asalatnagar Bagga village.
The families of the three children claimed their wards had nothing to do with violence and were on their way home from different schools (all English medium public schools) when they found themselves stranded because of the riots. The police claim the accused are not children. To the parents it is falsification of the record. The school certificates of the children show their dates of birth as June 25, 1997; May 15, 1997; and November 10, 1995. In other words, on the day they were arrested two of the boys had just turned 14 while the third was not yet 16. Two of the families also have copies of the attendance register which show their children were present in the school on July 6, 2011.
SC GUIDELINES
This has happened despite a clear-cut judgement of the Supreme Court. On Aug 5, 2011 the Apex Court prescribed a set of directions for dealing with “children in conflict with law” (a term for more sensitive than child accused or child offenders) including appointment of a designated juvenile/child welfare officer in every police station and the creation of Special Juvenile Police Units staffed with child welfare officers in all districts.
Under the Juvenile Justice (Care and Protection of Children) Rules 2007 apprehended children have to be produced before the Juvenile Justice Board within 24 hours. The Police Officer who arrests them has to inform their parents and provide details of their socio-economic background to the Board. The Rules also prohibit filing FIRs against children and charge-sheeting them except in grave offences such as rape and murder.
Have the police officers of Moradabad rather U.P. heard about the direction of the highest palladium of justice? We are afraid we have posed a wrong question to the right persons.
Without having a glance over the ratio of conviction, the discussion on the subject would remain incomplete. In a 1200-word story, Dawalpaya Ghosh says in the Times of India, Oct 9: The reply sought by RTI activist Gopal Prasad has revealed that the Special Cell had charge-sheeted 174 persons in the past five years and 11 of them have been acquitted by various courts, making conviction possible in only 31% of the cases.
In January last year six alleged terrorists – four having alleged links with LeT and two with HuJI, were discharged by court. The court on both the occasions said there was a lack of credible evidence. What is surprising is in both the cases the Special Cell did not appeal in a higher court against the acquittal.
Besides Police and Intelligence, our brethren belonging to the Saffron family are equally responsible for widening the gulf between the minority and the Government, and the minority and the majority. See what kind of argument is dished out by the votaries of disintegration. To quote an eminent RTI activist Kavita Srivastava: “When we fought the arbitrary detention of Muslims after the Jaipur blasts and worked for the release of Pakistani prisoners, we were called ISI agents. Now when we work for the democratic rights of the poor, we are called Maoists.” The cases she has worked on include the arrest of Dr. Binayak Sen on grounds of sedition.
The sincere souls in the Union Home Ministry as well as the higher police officers must give a cool thought to the way they prosecute the old and infirm, young boys and children. It severely hurts the Muslim minority. It has resulted, and is further likely to result, in lengthening the shadows between the Muslims and the Government and the Muslims and our brethren belonging to the majority community. They are playing a dangerous game, dangerous to themselves, to the political system as well as the plural nation.