Analysis

Entire India wants AAP to discipline Police, starting from Delhi

People in all Indian states are not only watching with great interest the lot of heat (without much light) which is being generated in India [where media, politicians, political and social activists and commentators etc are discussing recent actions and behaviour against Delhi Police of Chief / other Ministers, office bearers and members of Aam Aadmi Party (AAP) in the Indian capital] but also want and expect that AAP should not succumb to pressure and rather should continue its fight and struggle to discipline Police, starting from Delhi.

1. People in all Indian states face problems where Police, mostly under the influence of offenders, does not register FIRs though Police is under legal obligation to register FIRs under Sections 154 CrPC about every information of cognizable offence (even non-cognizable offence is to be registered in another register and the victim is then to be referred by Police to Magistrate under Section 155 CrPC).

2. Normally, Police takes the pet excuse that it will first make inquiry / preliminary investigation whether a cognizable offence has taken place or not and then only it will register an FIR. But it is illegal because Police is under legal obligation to register FIR as soon as an information of cognizable offence is received by Police. If some informant gives wrong information of cognizable offence then Final Report (FR) can be filed and such mischievous informant can be booked and prosecuted by Police which is a sufficient deterrent to any informant who tries to give wrong information of cognizable offence.

3. Anybody who has lived in Delhi for some years knows that the situation is extremely bad in Delhi where Police does not register FIRs about cognizable offences even when Medical Leave Certificate (MLC) of injuries is issued by a hospital (though hospitals issue such MLCs only when injured victim is sent by Police to hospitals for getting MLC).

4. Such high-handed and arbitrary attitude of Delhi Police is also due to the reason that even Judiciary (including High Court of Delhi) despite Section 157 CrPC (where Police is under legal obligation to send report to a magistrate at the earliest about commission of cognizable offence in the magistrate’s territorial jurisdiction) does not bother about such flagrant violation of criminal law in Delhi where Delhi Police gives absurd excuse that they have some state laws to do this violation of Union law though it is a matter of common knowledge that state law can’t supersede the laws made by Parliament namely Criminal Procedure Code, the CrPC (Members of Parliament also do not do anything about it because unfortunately crime is the backbone of Indian politics).

5. All over India, the worst part of it is that if you go to advocates for redressal, they will suggest that the victim should file a private complaint (with fees to advocate and other expenses) and the victim should get an order under Section 156 (3) CrPC on Police to investigate the matter. Obviously, this practice of invoking Section 156 (3) CrPC is in vogue due to the financial interests of advocates who are members of the judicial community, hence favoured by judiciary at the cost of general public.

6. People who are clamouring in media [that if Police did not register FIR then AAP should have filed private complaint to get Court’s order under Section 156 (3) CrPC] do not understand criminal law. The criminal matters are the sole responsibility of state, hence unnecessary use of Section 156 (3) CrPC puts illegally not only a financial burden on victims but it also puts burden of evidence on victims which is impossible for victims to bear / discharge.

7. It is a matter of common sense that in cases like drug use or prostitution in residential areas, the victims (the residents of the locality etc) simply can’t gather evidence to satisfy courts for getting order under Section 156 (3) CrPC. On the contrary, it is only Police which is empowered and entitled to gather such evidences by making and carrying out inquiry, investigation, raids, searches etc. Hence, registering FIRs by Police under Section 154 CrPc is the only solution and not Section 156 (3) CrPC order through private complaint in Court.

8. As far as complaints against its ministers, office bearers and members of AAP, which is the subject matter of hullabaloo in media etc, the party should leave these on the results of already initiated proceedings (by Court, Lt. Governor, Police etc). Even some from AAP are found guilty out of their political immaturity or lack of experience, then they should face and bear the punishment as professional hazards of politics. But in no case AAP should give up this fight and struggle to discipline Police, starting from Delhi.

Hem Raj Jain
jainhemraj59@gmail.com
The writer is author of Betrayal of Americanism

This article appeared in The Milli Gazette print issue of 1-15 February 2014 on page no. 11

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