ADMINISTRATION OF CRIMINAL JUSTICE IN INDIA:-
CRIMINALS ARE INVESTIGATING INTO OFFENCES AND EVEN WRONG-DOERS ARE ADMINISTERING JUSTICE(?):-
1.It is not a news that some of the police and politicians are united with the offenders instead of supporting the helpless victims. However, it is a shocking news that some Courts of law in the subordinate judiciary would turn a blind eye towards their interference in the administration of justice.
2.Dishonest Police officers ordinarily do not register a criminal complaint against the influential offenders either for unlawful consideration or due to political interference. However, even if they happened to register a criminal case against them out of compulsion, they would see to it that the offenders would go scot-free either on technical grounds or on ground of benefit of doubt. Therefore, the victims have to rely upon only the mercy of the Almighty God.
3.The dishonest police, disloyal politicians and corrupt judicial officers are the most terrific and dangerous persons than the frustrated people who take retaliatory measures to secure justice out of disappointment in the Justice Delivery System.
4.I regret that the broad minded, honest and selfless Politicians, Judicial as well as Police Officers who are praise worthy are not recognized by our countrymen. I always salute them for their contribution towards the progress of our country in many respects, including the administration of criminal justice.
PRINCIPLE OF "MIGHT IS RIGHT"
.1.Administration of criminal justice is presently at the mercy of the State.
2.Bureaucracy, especially Police Department is not free from political interference.
3.In spite of existence of provisions of laws, Courts of justice, Democratic Governments and other Institutions in India, it is very sad to observe that the influential persons are allowed to follow the principle of “might is right” under the guise of the principle of “Rule of Law”.
RELEVENT QUOTE
“THE LAWS GRIND THE POOR AND RICH MEN RULE THE LAW” – GOLDSMITH.
4.In support of my contention that the principle of “Might is Right” prevails even in today’s India, let us look into the unlawful activities of the Police Officers on basis of records available with the Batlagundu Police Station and its jurisdictional Court of Judicial Magistrate, Nilakkottai in the district of Dindigul of the State of Tamilnadu with reference to the following cases:-
(i). C.S.R. Register of Batlagundu Police Station containing entries from 08.09.2007 to 25.09.2007 with special reference to C.S.R. Nos. 475, 501 and 502 and the Book containing duplicate receipts therefor, and also C.S.R. No. 510 dt. 16.12.06.
(ii). C.S.R. Register of All Women Police Station of Nilakkottai Containing entries from 20.11.2006 to 23.12.2006 with special reference to C.S.R. No. 180/06.
(iii). F.I.R. Register of Batlagundu Police Station containing entries in Crime Nos. 658/07, 700/07 and 701/07.
(iv). Judicial file of J.M. Court, Nilakkottai, pertaining to Crime Nos. 658/07 (CC.No. 63/09), 700/07, 701/07 and 277/94 (C.C. No. 43/95) registered in Batlagundu Police Station and Crime No. 8/06 (C.C. No. 45/2007) registered in A.W.P.S., Nilakkottai.
(v) Judicial Records of I.D.O.P.No. 113/2007 on the file of District Court of Dindigul, ETC.ETC.....
PRECEDENTS
DUTY OF INVESTIGATING OFFICER:
“It is not only duty of Investigating Officer to book a real culprit, but also to protect one who is innocent and give assurance to a common man that there will not be unnecessary harassment to him” (Bombay High Court).
Detection and investigation of Crime
“Detection of crime, investigation of crime and to prosecute the offender are some of the pertinent duties of the State in terms of the provisions of the Code of Criminal Procedure. Generally, it is not expected of an individual to investigate an offence and collect necessary proof for trial before the Court. It is primary duty of the police to immediately register an F.I.R. and to investigate the matter in accordance with law and not to push any individual to knock the doors of the Courts for inquiry, investigation and trial of an offence”.
(2008) 7 SCC 164 and 2010 ALL M.R. (Cri.) 244 (Bom.) (F.B.)
INACTION ON PART OF POLICE.
“Inaction on part of police authorities cannot be ignored nor can be pardoned. Shielding or trying to shield any wrong-doer itself is a serious offence and assumes more seriousness when it is committed by a person none other than from the police department. Mere disciplinary action in that regard would not be sufficient answer. Held, Court does expect the Government to take a serious note of this and to take appropriate action against the erring police officers and personnel”. 2008 (2) Bom. C.R.(Cri) 272
Administration of Criminal Justice.
“It is not only the obligation of the State administration, but for that matter, even of the Courts to ensure that a fair and effective criminal justice system is in place and is implemented. Administration of criminal justice system has two primary facets (i) investigation and (ii) trial leading to punishing the guilty offender”.
2010 ALL M.R. (Cri) 244 (BOM) (F.B.).
