Judicious Use of Law of FIR and Investigation Needed

It is rightly said that power corrupts, and absolute power corrupts absolutely. The Police force, being the law and order maintaining arm of the Government, enjoys huge power including encroaching upon the personal liberty of people.

To what extent the power of arrest, detention, search and seizure should be exercised by the Police has been spelt out by the higher Courts time and again. But largely, the guidelines issued by High Courts and the Supreme Court are more followed in breach than faithful compliance.

The recent case of Telangana once again proves such inference. The Police falsely implicated four persons in a crime they had not committed or there was not even an allegation made by the de facto complainant or witnesses examined by Police.

Situation in the Northern States has been indeed, pathetic. Unless one has high connections or sufficient money power, getting an FIR registered is a remote possibility.

Directives of the Supreme Court and the High Courts are not followed

In 2014, the Supreme Court of India in case of Arnesh Kumar Vs. State of Bihar issued a slew of guidelines with regard to detention and arrest of accused in cases attracting punishment upto seven years and made the issuance of notice under Section 41-A of Cr.PC mandatory. Earlier, the Apex Court had categorically directed all Police stations in the country that whenever a complainant of cognisable offence is received, the FIR must be registered without going deep into the facts.

This direction, given in the famous Lalita Kumari Vs. State of Uttar Pradesh, also made it clear that not following the directions of the Apex Court would result into contempt of the Court by the concerned Police personnel. However, the Police by and large continue the old colonial habit of dilly-dally the legal course ordained by the law and higher Courts.

On the other hand, the practice of falsely implicating poor and innocent people still continues. The corruption level among Police force is substantially high. The excessive power granted by the criminal laws to Police and security forces, if used in a judicious manner, can work wonders.

Alas ! This is not happening. The directives of Supreme Court and the High Courts are not followed by the power drunken Khaki clad corrupt forces. This breeds corruption and lawlessness in society. The only way to curb such a malice is to inflict the harshest punishment on the wrong doers in the Police department.

– Dr HC Upadhyay (Courtesy : TheHansIndia.com, 17.7.2023)

(Dr HC Upadhyay is a prolific writer, commentator and trainer in Law and a champion of Rule of Law; he practices in the Supreme Court of India.)

The only way to curb corruption is to inflict the harshest punishment on the wrong doers in the Police department !