This is a one good prominent example to understand how police investigate criminal cases for ordinary citizens.
After reading this story you will know how false 498A case investigation reports are submitted to the court just by vomiting the FIR in the Chargesheet.
Criminal Justice System Precept and Practice - Tr. A.X.Alexander, IPS., (Retd), Former DGP of Tamilnadu
Source: Criminal Investigation Department Review, 2007: Issue: 1V
DGP Narrates.....
I cite two instances of burglary that took place in my house. The first was in 1981. A bundle of clothes, few vessels, iron box, brass taps, etc. which were kept in the rear verandah were burgled. On the same day in three other houses including in the house of another senior police officer there were burglaries. In my desire to ensure against repetition of this disgrace, I preferred a complaint in the Police station about this burglary.
A case was registered promptly and a Head Constable visited the site and —— nothing further happened! After four years, one day I had to visit the Station officially. After finishing my official work I casually enquired from the station staff on the fate of the case. The Station Inspector informed me that the case has been referred as Un-Detected. I was curious to find out who signed the RCS notice, as I remembered not to have signed any RCS notice. I called for the RCS book. To my surprise I found someone had signed and had sung a requiem for the case.
There was another burglary in 1997. This time the burglar entered the house and decamped with some cash, a bangle and a camera kept on the dressing table. He had left sufficient fingerprints. I informed the Police hesitatingly as I had serious misgiving that this case also would suffer the same fate of the case of 1981. But promptly very senior officers came home and the Fingerprint expert deciphered the thief and within three hours the thief was apprehended and the property was recovered. He was brought to the house. I asked him why he committed this theft. He replied that his wife had delivered a baby just a day before and he was badly in need of money to look after her and the baby. He was sent to the prison and subsequently detained under Act 14 of 1982. He had 54 convictions.
The wife of the culprit, who had come to know of the arrest and detention later, came to us through the Sisters of Mercy Home and sought help for livelihood, which was given.
After the release, the thief and his wife came to see us and I asked him why he had committed thefts so many times. He replied that he was an assistant in masonry work and that he had committed petty felonies only and not definitely the cases shown in his conviction records and the police had taken him whenever they could not fix an accused.
I perused his conviction records and most of the offenses for which he was punished were motorcycle thefts. From his looks I could guess that he did not know even to start a motorcycle. I confronted him why he had committed thefts of motorcycles. He replied that he had not committed theft of any motorcycle but whenever motorcycles were recovered in series he was fixed as the thief. I sent for the Inspector who booked him, to know from him whether the allegation of the thief was true. The Inspector stood in silence for long and muttered that it was true and I told him that he has children and wished that he sinned no more...................
When the thief had been convicted for no fault the DGP had no grounds to take action. The conviction of the thief proved that the arrest and chargesheet by police was justified. This is the malady of the system.
Every law has its use and misuse. Law is twisted in both the forms. Who serves country? Our system is entangled in political quigmire. Where is the escape? The wise are those who blow with the wind and not those who try to turn the wind force. Whether it is Constable or DGP, Advocate`s clerk or Advocate, peon of the gate of a judge or the judge himself, who invites trouble for himself. Politicians are elected by the masses and they are the masters of the country. If you speak against the majority (elected one)you will be branded as a person from the opposition camp.
(Guest)
That is why our jails are filled with 75% of undertrails.
But sir, there is a difference between politicians and civil servants. Job of civil servants are secured/guaranteed and they get pension also, after retirement. They used to be so called most educated, talented, brilliant persons. On the other hand politician's tenure used to be maximum of 5yrs. after that it is their luck, whether they will ever get elected, also they used to be not so educated. The prime reason for crawling before their political masters, is lust of misusing of power and money.
DGP HAS NOT SUDDENLY BECOME WISE.. He was always wise more wiser than you and me because fools are not supposed to be selected as a member of IAS or IPS or similar services. The facts remains that the service rules framed by the Goverment does not allow an in service officer to criticise or speak contrary to the machineries of the Governmant hence he could not tell what he wanted. Moreover,now when he is free after his retirement he can not restrained to write which he felt provided he had not been administered with the oath of secrecy. When we can bear a lot of uneducated politicians, why we should averse to some one else? Morality and conscience are always with every person. Some are out spoken and suffer, the wise keep it dormant and make their way like water in every situation. Those who have a dead conscience repair their fortune. It is up to us to decide who fell within whcih category.
Those who seek the cover of retirement to speak the wrongs done during their service period are cowards. It is better to keep quiet if they had no guts to take action while in service or service rule prevented them from doing so.
They take the oath of allegiance to the Constitution not to the political masters or the corrupt system.
Catch and imprison the innocent, let go the guilty.
(Guest)
If the DIG discharges his duties as per law ( he need not comment ro criticise or not to act against
Government) that is enough. After retirement he can speak morals or tell stories no problem. When a innocent life's spoils, naturally he will revolt against the Government and law.
There is a famous quote that" "Unless you are prepared to suffer, you cannot fight successfully, because the world is filled with cowards who want the heroes to die for them.” and " The dead cannot cry out for justice; it is a duty of the living to do so for them". Not only the DGP, we have also failed as a citizen of India in discharging our duties towards the society. We have fundamental duties also but when we speak, we always speak of fundemental rights. We have no right to blame Governance, if we do not take even one step to improve it. Advocates are the powerful fraternity of the Society. But most of us either lack courage to step forward or wait for the clients to approach us for a public cause. Why the poor DGP should be targetted for our hate and scorn. Target them who use to take salute from him.
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