LACKING VIGOUR

Crime investigations continue to be influenced by political

decisions in spite of periodical judicial reviews of investigation

process of important cases, says Praveen Kumar.

Independence half a century back marks the greatest turning point in the history

of Indian police. It marks the end of the 88-year history of policing on modern lines

under the Brithish Raj which began with the enactment of the Madras District Police Act

of 1859 and assumed countrywide acceptance with the enactment of the Police Act of

1861. Independence marks the beginning of the history of Indian police under Indian

hands in a democratic milieu unlike of yore though in form and contents they were its

continuation.

The hitch lay in its spirit, in the contradictions of the intentions of a colonial

police and the traditions of a democratic police. It patently is against jus naturale to

expect a colonial police transform to a democratic set-up overnight with the awakening of

the country at midnight. Spirit is never known to be a quick-chameleonic, particularly

while form and contents maintain their stead. Change in spirit is the natural outcome of

changes in ambience leading to metamorphosis of value system and attitudes by rapid

exposures to changed trails and tribulations to ripen the spirit to its new avatar. The first
 2

fifty years of independence of India marks this period in context of the spirit of Indian

police maturing to democratic traditions in the hands of Indian rulers.

Crime investigation is a task as important to police as national security is. While

national security gained currency in India after the country became independent, crime

investigation along with law and order duties was the mainstay of Indian police from

periods long before it. But, India never realised the importance of crime investigation in

national affairs until very recently. Nonetheless, the Federal Bureau of Investigation

(FBI) of Mr.Edgar J Hoover in the US showed to the world around the time of India’s

independence, what a powerful instrument an investigation agency can be in national

affairs and how resourceful chiefs of investigation agencies can hold even the heads of

governments of their countries to ransom.

PLAYING SAFE

It is to the credit of Indian Police that the primier investigation agency of the

country, the Central Bureau of Investigation (CBI) and the Criminal Investigation

Department (CID) in states and union territories never harboured such ambitions till now.

It is a different matter that in the recent years the CBI is forced by the judiciary to

proceed against ranking political leaders including former union cabinet ministers and

prime ministers, in discharge of its legitimate duties. Otherwise, Indian investigation

agencies, both at the Centre and in regions, kept themselves away from interfering with

the affairs of political leaders and their kith and kin for most parts of the period in the last
 3

fifty years, save dictated for limited actions by the ruling parties for political purpose as

in the Classic Computer case of 1993 in Karnataka or cases against Ms. Indira Gandhi

and her kin in 1977 for emergency excesses. Otherwise, they believed in the sanctity of

political leaders and their associates as beyond the laws of the country.

Criminal cases filed against those people invariably fell through for lack of

purposeful investigation and the trend led to the belief that powerful people are beyond

the reach of law. Recent judicial activism changed the myth and infused a new vigour

to the judicial and law-enforcing systems of the country. But, an investigation agency

doing its legitimate duties under the pressures of the judiciary cannot be an adequate

compensation for doing the same works with a missionary zeal of professional

commitment. Indian investigation agencies at both the national as well as regional levels

are far from any professional zeal and investigating skill seen in internationally

acclaimed investigation agencies like the Scotland Yard of England which provided the

model for the CBI and other regional investigation agencies of the country.

Sadly, Indian counterparts adopted only the form and not the spirit of the

Scotland Yard and thought it best in its indigenous wisdom not to stir the hornet’s nest by

going active and radical after the FBI of the US

LACKLUSTRE PERFORMANCE

Recent developments in the national crime scene of India like the CBI

investigating top political leaders of the country for involvement in various scandals of
 4

national importance has not changed the situation of investigating agencies of India.

Crime investigations continue to be a factor of political decisions, in spite of periodical

judicial reviews of the investigation process

Investigation agencies enjoy tremendous leeway in carrying out investigations in

desired directions in spite of judicial scrutiny of the cases. Until investigation agencies

exhibit professional commitment and develop a passion to deracinate evils from the

society, exercises like judicial reviews of the investigation process cannot really make

substantial differences, either to investigation agencies or to crime investigations.

Unlike spirited investigations of corrupt leaders in countries like Italy,

Japan and Korea in the recent past, Indian investigation agencies dither and drag their

feet back to handle cases of political corruption in spite of judicial compulsions on it.

The professional and social commitments seen in those countries are a far cry from

Indian police of the independent vintage. There seems to be no scope of Indian police

catching up with the spirit in near future if the first half century of the democratic rule in

India is any indication. Indian police leadership is too steeped in slef-promotion to be

bothered by the spirits pro bono publico.

For every action, there is an equal and opposite reaction. This is true in

the field of Indian politics as well. It is significant that after the Supreme Court of India

took active interest in the investigation of crimes involving top leaders of the country, a

new trend has surfaced with the post of the CBI chief being invested on somebody from
 5

the cadre of the state from which the chief executive of the government hails, as if to

counter the pressures of the judiciary on the investigation agency. This was true in 1993

and again in 1996.

The new trend only makes clear that everything is not well in the administration

of the investigation agencies of the country and pressures and counter-pressures have a

great say in the process of investigations of those investigation agencies.

JUDICIAL ACTIVISM

The recent judicial activism in the investigation of important crimes and scandals

of India is not confined to the Supreme Court of India; nor is it limited to the cases

investigated by the CBI. High courts and even session courts these days are taking lead

from the Supreme Court, as evident from the court proceedings in cases under trial in

lower courts like Lakhubhai Pathak cheating case involving an ex-prime minister, anti-

Sikh rioting case of 1984 and recent cases of harbouring notorious mafia leaders

involving prominent political leaders wherein the courts have taken tough stands either

in summoning top leaders for examination or in refusing bails.

The judicial activism of the Supreme Court on the other hand is not restricted only

to the cases investigated by the CBI. In a recent case of investigation of medial seat

scandal involving prominent political leaders in a state, the Supreme Court directed that
 6

the chief of the state CID investigating the case should not be transferred out form the

CID without the permission of the court. The Investigation was transferred to the CBI

in 1996.

The basic issue is why judiciary should do the legitimate works of the heads of

investigation agencies in safeguarding the objectivity of the investigation process. The

very fact that there is the need of judicial interference in the legitimate works of

investigation agencies strongly suggests that the investigation agencies are seriously ill.

While investigation agencies honestly and professionally discharge their responsibilities

towards fair investigations, no judiciary can even afford to cross the sacred halls of their

legitimate duties in violation of the sensitivities of the investigation agencies and invite

righteous wrath of the public opinion. The investigation agencies and the public are

aware of the extant situation in investigation agencies and therefore the interferences of

the judiciary in investigations are not only tolerated, but also welcomed by all sections

of the people.

SYMPTOMS OF ATROPHY

The serious maladies witnessed in secret police and investigation agencies of

India are actually common symptoms of atrophy observed in all wings of Indian police,

including the law and order police. Dishonesty, lack of professional commitment, extra-

professional loyalties and unchecked corruption are the albatross that commonly affect

the Indian police at all levels. It is not a rosy picture to have of a police force which is
 7

more than a century old and is now reaching half a century mark of existence in a free

country.

The deterioration of Indian police is steep after independence. Perhaps,

democratic rule in the country has not done any good to Indian police. The nexus of

police with criminals and politicians is smothering and squeezing the country and its

public life out of its vitality to a stage of paralysis. While this truth has been realised by

people in states like Bihar and UP it is eating up the vitals of the country in other states

too. The talk of private armies doing recent elections in UP and Bihar is an indication

of the confidence Indian police inspire in public after fifty years of self-rule. Indian

police in 1990s appears like a century old giant tree rendered hollow by the termite of

corruption. Unless something is done fast to return the vitality of professional pride and

commitment, Indian police may irrevocably fail the country in leading it forth to the

century-mark of India’s independence.