Creative Police leadership on Job-Criminalising Police
THE CASE AGAINST POLICE FICTION
On 5 February 2011, the Delhi Sessions Court acquitted seven Kashmiris of being terrorists. It ruled that an encounter on the night of 2 July 2005 was a fake encounter and all charges against the Kashmiris were fiction. The court indicted the policemen to be charged under Section 166, Section 193 and Section 195. Excerpts from the order by Judge Virender Bhatt are worth noting:"All these four police officers have acted in advancement of their self interests in total disregard to the demands of their solemn duty. These four police officers whose duty was to protect and safeguard the citizens, have turned persecutors and tormentors.
"The aim of the investigating agency is to collect evidence and not to create it. Its aim should be to discover the truth. It is not only unethical but also illegal for an investigating agency to resort to concoction, paddling, fabrication of evidence – all serious offences under the law – even to bring a known criminal to justice."Its relevance in India is much felt as there are no defence investigators as there are in various Western countries. Hence the machinery of criminal law is often used here as a handy weapon to wreak vengeance on the enemy.'
"In India, a section of some overzealous, overambitious and scrupulous police officers is seen, who seem to think that if a person is really harmful to the society, there is no problem in creating some evidence or supplying the missing link in the evidence to secure his conviction. If fabrication of false evidence were to be justified because of a laudable motive, the worst criminal on earth would justify the worst crime on the ground of good motive."I, therefore, direct the Commissioner of Police, Delhi, to initiate appropriate enquiry against the four police officers SI Ravinder Tyagi, SI Nirakar, SI Charan Singh and SI Mahender Singh (who by now may have been promoted to the post Inspector) for the misuse and abuse of their powers as a police officer, as detailed hereinabove.
"A copy of this judgment be sent to the concerned Magistrate dealing with the cases of police station Kapasahera with directions to treat the same as a complaint against SI Ravinder Tyagi, SI Nirakar, SI Charan Singh and SI Mahender Singh of Delhi Police for offences punishable U/s.166, 193 and 195 IPC and to proceed with the same as per law."This case as of now, whose order is a rarity in itself, is under appeal.