By Biplab Roy
Law is a double edged weapon. Use of it by right person for right cause upholds the rule of law securing trust and confidence of the commoners in the state mechanism but it has adverse impact on the society if it is used by right person for wrong cause or by wrong person for right cause or by wrong person for wrong cause.
In the former, it carries forward the chariot of good governance and in the later, it destroys the basic fabric of the rule of law which is the prime object of any government to achieve at the ultimate.
Although three limbs of the Indian democratic set-up, namely, the Legislature, Judiciary and Executive have been provided specified field to work in the constitution but the judiciary has been positioned in the higher place with more responsibility to see that the Legislature and the Executive may not function in contravention of the basic structures of the Constitution and the fundamental rights guaranteed therein.
The Legislature may enact law but it is the task of the Executive to implement it. If the implementation of law is not done in proper way, no law even written by golden words will sub serve its objects of enactment.
Thus, the Executive is to take care of the persons from grass root level so that the law enacted by the Legislature is properly implemented in securing the objects laid down therein. The Success of the government mostly depends on good performance of the Executives in implementing the law and order rather than the activities of the Legislature and Judiciary.
The Executive may be divided into two parts, namely, the Civil Administration and the Police Administration. The Civil Administration generally looks after the development issues and also implements the policy of the State at all level whereas the Police Administration maintains the law and order in the society.
It is very important to say that under Article 14 of the Constitution every man is equal in the eye of law and State shall not discriminate any person on the ground of caste, creed, religion, sex, place of birth etc.
Article 21 of the Constitution speaks of guarantee of life and liberty of the persons which cannot be taken away without due procedure of law. Thus, Article 21 of the Constitution binds the State with the responsibility of ensuring life and liberty of the persons within the territory of India.
It is not only the prime duty of the State to protect the life and liberty of its citizens but it is an implied contract between the State and its citizens for obedience of the later to the State sovereignty also.
Accordingly, when any offence is committed against any person or his property it is presumed that the State has failed to protect his life and liberty for which case is registered in the name of State against the offender.
Object behind such registration of the criminal case is to punish the offender in accordance with law. That what is in accordance with law is the procedure established by law in view of Article 21 of the Constitution.
Under the provisions of the Code of Criminal Procedure, 1973 it is the police who registers the case, investigates the case and at the end submits charge sheet against the offender or Final Report of the investigation.
Accordingly, police in all circumstances must be honest, impartial and free from all kind of biasness; otherwise proper investigation is not possible by any stretch of imagination.
In course of investigation it is duty of the police to separate the grain from chefs, find out the true facts from the exaggerated complaint and also to arrest real culprit of the offence.
Arrest of a wrong person is not only violative of Article 21 of the Constitution but it criminalises a person and society in long run.
Police should in all circumstances open the eyes and ears and to listen the complainant and his witnesses sympathetically so that the complainant may not feel that the police is inclined to the offender or is giving shelter to the offender under the influence of his political boss or moneyed person of the society whom the offender is associated.
A biased investigation cannot present true picture of the offence in the court of law and as a result most of the time criminals get acquitted from the court of law. Such a thing not only causes injustice to an aggrieved person but non-punishment of a criminal inspires others also to commit offence which ultimately affects the rule of law of the country.
Apart from that false implication of a person in criminal case is not an exception now a day. It is the mind set of some of the police officers that once a criminal always a criminal. For example, a person once arrested for an offence of theft is repeatedly arrested for same nature of offence if taken place within a particular area although the said person may be innocent for subsequent offences.
Sometimes a person is arrested with higher charge for committing lesser offence. It is now a laughing episode that for slapping a high profile person accused is charged for attempt to murder.
It is a clear instance of biasness on the part of police to satisfy the political boss. Such a mind-set of the police is dangerous for the society and a simple criminal gradually turns to a hardcore criminal in the police mechanism.
It is very sad to say that the police are now a day more operative in some cases under the remote control of their political boss for their own gain; no matter to throttle their consciousness, close their eyes and raise voice with the tune set by their boss.
Biplab Roy is a free-lance writer and the views expressed are his personal, he may be reached at [email protected]