Introduction
They say that, “those who live by the gun, die by the gun”. It surely came true for gangster Vikas Dubey, who was wanted for the killing of 08 policemen in Kanpur, was shot dead in an encounter. He had some 60 criminal cases including murders to his credit. The most daring one being the one in which he killed a BJP MLA inside a police station 20 years ago and was acquitted for lack of evidence.
We are living in a system which is being operated, manipulated and monopolized by criminals, many corrupt politicians, police, bureaucrats and businessmen.
Resultantly, police seldom takes effective crime control measures to curb high profile criminal activities of criminally inclined politicians, if not criminals themselves. The same violates the spirit of constitutional and democratic governance.
Finally, the quest for truth, which is the foundation of criminal justice system, receives a setback. In the absence of ‘real truth’, the rule of law can never prevail.
Criminalization of Politics
The criminalization of politics started to show its ugly face during the late 1970s and 1980s, with Gorakhpur becoming the hub in the region of Purvanchal.
Gorakhpur University saw a turf fight for domination between the Brahmins and Thakurs and student leaders merely became innocent pawns in this power game of the politicians.
The university campus saw many bloodied campaigns and student leaders like Shahi and Tiwari later joined politics. In fact, Tiwari, a six-time MLA, was appointed cabinet minister several times.
The role of criminals in politics is seen through the protection they seek from the politicians and in turn help the politicians to fund their elections. The money provided by the underworld and business houses act as party fund for the political parties to contest elections. Naturally, the politicians become subservient to these dons and businessmen.
Many times, the criminals themselves join politics and it is these uncouth elements who indulge in fistfights and vulgar abuses to violate the sanctity of the House itself, which are the temples of democracy.
One cannot expect such elements in politics to refrain themselves from taking money/ favours for asking questions in the Parliament or to vote for bills and pass legislations favouring lobbies that they support to reinforce their position and further their political careers.
The nexus of politician and criminals is completed when joined in by corrupt police officers who shield politicians and in turn get immunity from all disciplinary actions from their misdeeds, most importantly, corruption. This has enabled many police personnel to become multi-millionaires during their moderately paying service lives.
Police officers often accept bribes and either refuse to take actions against criminals or even if they are forced to take actions against criminals they try to cover-up the case through faulty investigation so that the accused escapes punishment.
Taking Advantage of Justice being Blind
The Public prosecutors are appointed by politicians. The working of the judicial system reveals that in many cases the public prosecutors intentionally may not take adequate step to meet the ends of justice to prosecute the offenders.
Police may be driven by greed/ need for career progression to help file favourable reports, may destroy/ distort evidence and creates fake record. Finally, the judges who issue arrest warrants give bail or acquittal and may pass favourable judgments owing to lack of evidence.
The Vohra Committee, which was set up in early 1990s studied the criminalization of politics and nexus among criminals, politicians and bureaucrats in India. It concluded that the existing criminal justice system is unable to deal with the activities of the politicians, police and the criminals as the provisions of law are emerging weak enough to fracture this nexus.
Suggested Measures to Break the Politician-Criminal-Police Nexus
- The appointment of Public prosecutors should not be politically driven and instead should be made by an independent agency.
- Electoral reforms recommended by Election Commission and rulings of Supreme Court on the issue of decriminalization of politics should be followed in letter and spirit.
- Creation of a police force which is non-partisan and functions according to law and is accountable to the people. The same can be done by implementing some of the recommendations of National Police Commission, 1977 reforms, as also, reforms suggested by Soli Sourabhji Commission that framed a draft Model Police Act in 2005.
- Autonomy of the police forces, independence from political influence is a must for police to perform their job professionally.
- Other reforms that can be done includes:
- Filling the half a million vacancies and avoid huge manpower deficiencies.
- Upgrading police transport and other infrastructure facilities.
- Measures to enhance welfare and morale of police personnel. The National Police Commission had recommended family accommodation for all the gazetted and non-gazetted personnel.
- Working hours of police personnel need to be regulated.
- The police subject in state list can be transferred to concurrent list or at least few crimes in federal list and entrust their investigation to a Central agency.
- Implementation of the Seven Directives issued by Supreme Court of the Centre and states that laid the practical mechanism to kick-start the police reforms.
- The Directives include:
- Constitute a State Security Commission (SSC) to ensure that the state government does not exercise unwarranted influence or pressure.
- Ensure that the DGP is appointed through the merit-based transparent process with a minimum tenure of 2 years.
- Even police officers on operational duties are also provided minimum tenure of 2 years.
- Separation of Investigative and Law and Order functions of the police.
- Set up a Police Establishment Board to decide on transfers, postings, promotions and other service related matters.
- Set up Police Complaints Authority at state and district level to inquire into public complaints against police officers.
- Set up National Security Commission at the Union level to prepare a panel for selection and placement of Chiefs of the Central Police Organizations.