CORRUPTION IN INDIAN POLICE

KV Thomas

Corruption is a complex to “public expenditure” by the Central problem having its roots and and State governments. Equally ramifications in society as a whole. The alarming are the cases of corruption Santhanam Committee Report 1964 in the collection of public revenue and defines corruption as “improper or arrears thereof. The corrupt practices in selfish exercise of power and influence the realization of direct and indirect attached to a public office or to a special taxes, non-recovery of loans from position one occupies in public life” 1. industrialists, money-laundering in the In fact, corruption in one form or other banking sector, etc., have resulted in the had always existed in the country. loss of thousands of crores to the During the last one decade, several cases national exchequer. Thus, Transparency 2 of corruption and scandals have come International, the Berlin based NGO nd to the public notice due to vigilant press, has rated India as the 22 most corrupt efforts of public spirited individuals and country in the world in its year 2000 a pro-active judiciary. The Bofors, corruption perception index. Over the HDW Submarine deal, Airbus deal, years, the tentacles of corruption have ABB Loco deal, Jain Hawala Racket, spread to the system of governance – Sugar scam, Security scam, Urea scam, civil, political and military. Now, no Fodder scam in Bihar and Tehelka tapes, institution can honestly claim that it is etc., are a few instances. These scams, totally free from corruption. Majority which surfaced were only the tip of the of citizens find corruption practically iceberg. Majority of these scams related at every level and every sector of life.

3 Jan - June 2004 One can undoubtedly say that corruption that “police are power-drunk, corrupt, prominence by the media. All too is not a myth, it has become a way of immoral without any professional frequently facts are overtaken by fiction, life in the country. But, mythicising ethics,” more than 90 percent of the built around speculative characters or corruption by camouflaging the real respondents denied even having given instances and it becomes difficult to from the unreal and exploiting the bribe to any policeman; nor did they ever determine where the true stories end and emotions and psychic energies that were see a policeman beating an alleged the fiction begins. No doubt, public dormant in the collective offender6. Another research study by awareness of policing has risen unconsciousness of the masses has the Shri UNB Rao, IPS was more revealing tremendously, but issues like corruption inherent danger of people forming false in the regard7. Out of 2,071 respondents are such hidden areas where facts, or distorted impressions on the image (adolescent students from 9 different fiction, myth, perception and reality are of organisations. The Santhanam mega/metropolitan cities of India), who very intricately interwoven. The Committtee has also referred to this responded to a question “whether they defaulting policeman becomes a symbol trend and observed “we heard from all have ever met a policeman and talked of the entire organization and his sides that corruption in recent years to him”, 72 percent claimed in negative. misconduct would be used as a powerful spread even to those levels of The overwhelming majority of these weapon to tarnish the image of the force. administration from which it was students had negative impressions on the Many people adopt the infamous “guilt conspicuously absent in the past… The style of functioning and image of police. by association technique” of Senator general impressions are unfair and For example, 75 percent of them spoke McCarthy8 and smear the police with the exaggerated. But, the very fact that such ill of police and policing mechanism; 61 failings of a few personnel. impressions are there, cause damage to to 71percent stated that public are afraid the social fabric.”3 Gunnar Myrdal4 to lodge complaint with police; 60 to 90 4. The para-military orientation and speaks of this trend as the “folklore of percent held that police are corrupt and general regimentation in the corruption”. 32 to 56 percent disagreed that police organization are the major contributory are sympathetic to public (percentage factors for the galvanization of such 2. Unlike the other executive wings of indicated pertains to different impressions on police by the public. the government, the police, which has questions). The basis for such There is a general tendency at police maximum visibility in the society, is a impressions of young adults was mainly hierarchy not to admit the lapses of the pet theme for such folklore. Their the media (63 to 70 percent) while 21 to personnel. On many occasions, they omissions and commissions rapidly 30 percent of the respondents stated that consciously try to cover up or whitewash attract public attention and spread like they heard about police from others. these omissions and defend the a wild fire through gossip and hearsay. Significantly, only 13 percent of them delinquent personnel on the pretext of As the police wears a mantle of confirmed that they have had personal safeguarding the morale and image of defensiveness and many of their experience or interaction whatsoever the organization. Lord Delvin had rightly functions are shrouded in secrecy, there with the police. Thus, one of the major observed “it is the general habit of police is a tendency to mythicise or findings of the study was that lesser the not to admit the slightest departure from sensationalize such lapses like awareness about the police work and correctness” 9. But, this approach, corruption. The image of police so police constraints, the more is the instead of protecting the image of the created in the minds of people always mistaken impressions of students or organization, causes more remains poor and sullied. For example, public about the police. embarrassment to the force when the studies carried out by Benarus Hindu media or the detractors of police come University in 1972 and Indian Institute 3. The reality is that majority of the out with highly exaggerated speculative of Public Opinion, New Delhi in 1978 people especially of the rural areas do ‘stories’ on the misdeeds by the on the public image of police revealed a not have any personal or specific personnel. This underscores the need for very unattractive image in the minds of knowledge on issues like corruption in fostering a more candid, transparent and the people5. These studies had disclosed police. But, their impressions in such open door, fulfilling police-public that those who had personal experience matters have been crystallized mainly at relationship based on mutual respect and or some interaction with the police had the instance of media or hearsay. The understanding of each other’s roles and a better impression of police than those visual media with their effective network responsibilities. who had formed their opinion on hearsay throughout the country plays up such without any personal knowledge. factors detrimental to the image of Another recent sample survey conducted police. The instances of corruption and 5. Police leadership should defeat the by ‘The Statesman’ in Delhi also other misdemeanors of police personnel efforts to mythicise the corruption by demonstrated the above trend. Though and their stories of prosecution and adopting sound organizational strategies the main conclusion of the survey was conviction are frequently given and innovations, especially attitudinal

4 Jan - June 2004 change of police managers towards the 7. As the popular adage goes that “Power allowing them to obtain anticipatory bail media and the society. They have to corrupts and absolute power absolutely” thereby avoiding arrest, etc. In the case develop a realistic approach towards two cognitive features of police viz. of more serious offenses like murder, endemic corruption in police, which power and discretion give ample scope rape, dowry deaths, accident cases, etc., no longer can be buried under the for the personnel to indulge in in which the accused are poor or under- carpet or kept away from the eyes of corruption. They enjoy wide powers privileged, the corrupt personnel exploit vigilant public by enforcing the canons while discharging the core functions of them and their relatives monetarily to the of the culture of secrecy or police viz. maintenance of peace and maximum extent, on the pretext of regimentation. In fact, corruption of order and prevention and detection of helping them and bailing them out of police is not a new phenomenon, but crime and criminal activities. Similarly, trouble. But ultimately, they land up in the irony is that the issue has seldom police discretion is a double-edged jails after trial and conviction. Most of been seized by the organization with sword that can be used or misused by the sensational murder cases involving a sense of seriousness. The British the personnel on the mosaic of law and the rich and the influential as accused Government appointed Police order situation. Though the personnel are simply hushed up and closed. Thus, Commission namely the Second Police are bound to exercise these unique Shri KF Rustamji, IP had commented Commission (1902-03) that looked features strictly in accordance with the “the age old belief that if you kill anyone, into the working of the police had procedures that lay down processes and you will be hanged is now giving way observed “one of the strongest proofs formalities, those intoxicated with to the new belief that if you kill anyone, that the Commission has received of tremendous powers and dominated by you can bribe your way out or be the corruption in police is the selfish motives can misuse them with a acquitted for lack of evidence.” 12 testimony of responsible parents, view to attaining private gains. Such teachers and other gentlemen of the “deviant behaviour” of the personnel 8. Over the years, the corruption has difficulty experienced by a young man appears in different forms in many areas spread to other areas of police as well. in accepting one of the direct of policing. Basically, these personnel This was largely due to the steady appointments as Sub-Inspector and behave rudely and are overbearing expansion of the role of police in view Inspector which are sometimes towards ordinary citizens who approach of the enactment of a number of social offered. He finds himself a member of police in distress. They refuse to register and other legislations that are to be a corrupt service, he is surrounded by FIRs of hapless citizens who otherwise enforced by the police. “The success of influences that forbid his acting should carry a recommendation from any social legislation depends on the uprightly, the evidence provided is that political middleman or be prepared to effectiveness of its enforcement and the canker of corruption affects the entertain the concerned personnel. Even police have a protective as well as force in greater or less degree from if FIR is lodged, investigation or other promotional role to perform in this Constables to Inspectors.”10 follow up action as per law would sphere”13. However, police have many proceed only if the subordinate police limitations on the effective enforcement functionaries are greased by way of of such legislations. The ambiguities in 6. The First Police Commission of free payment of bribe in proportion to the many of these legislations coupled with India (1977-1981) headed by late gravity of the complaint. Further, period the police discretion “to act or not to act” Dharma Vira also found rampant payments are to be made to ensure that in respect of certain offences under them corruption in the police and commented paper work is completed without any give ample opportunities to the “in the perception of the people, the lapse. A small slip up in the bribe personnel to resort to corrupt practices egregious features of the police are payment schedule would result in during the enforcement of such acts. For politically oriented partisan immediate dropping of the case from the example, police discretion would prevail performance of duties, partiality, priority list and inordinate delay in upon all other factors when a question corruption and inefficiency, degrees of investigations or prosecutions. is to be decided whether the provisions which vary from place to place and Influenced by corruption or other of the ‘Prevention of Sati Act – 1987’ person to person ... What the Police extraneous factors, police resort to can be attracted against the relatives of Commission said in 1903 appears more illegal practices and procedures such as a widow who committed Sati at her own or less equally applicable to the use of third degree methods, fabrication will. Same is the case with a number of conditions obtaining in the police of evidence, false implication of other offences like child labour, today”.11 More than two decades had innocent persons in criminal cases, untouchability, immoral traffic on passed since the submission of the report padding or concoction of evidence to woman, indecent representation of by the Police Commission, but not much buttress or weaken cases, illegal women, etc., which are brought under appears to have been done in combating detention, “burking” of cognizable the ambit of a plethora of social corruption or other maladies in police. crimes, delaying arrest of persons and legislations. An equally disturbing trend

5 Jan - June 2004 is the mounting incidence of corruption take away stationery items like pens, could not be done yet to free out polity in police while dealing with gender refills, white paper, carbon sheets, ink, and governance from the unholy nexus issues like dowry deaths, exploitation of torch batteries and newspapers from the of such groups. women, etc. Hundreds of unnatural shops that fall in close proximity to the deaths, which fall under the above police station for their regular office 11. On issues like corruption, there is categories, are closed without proper work. At times they harass a dichotomy on the approach of police and investigation. For instance, out of 714 complainant to buy these items for their public. The general public aspire an unnatural deaths of married women official use. On the eve of festivals or honest, impartial and professionally below the age of 40 reported in when a new officer takes charge of the competent “people’s police”, whereas Bangalore in 1997, 455 were death by jurisdiction or any personnel retires from the general psyche of many police burning. These cases were routinely service, the constables go on a spree of personnel is that if the public wanted the classified as ‘stove burst’ or ‘kitchen collecting money and household items policemen to behave like London bobby, accidents’ and subsequently closed as from certain people and shops which fall then they too should be honest, accidents without investigations.14 within their jurisdictions”.15 The city of transparent, refined and helpful as the Bangalore is not an isolated case from public there. Very often, police 9. The misuse of police powers and the point of view of police corruption, personnel put forth apparently discretion in contravention of but it symbolizes the earthy realities of convincing arguments such as police is established procedures and practices corruption that are glaring among the a mirror of image of society or the with the ulterior motive to gain “illegal lower rungs of police personnel in behaviour of policeman living in a gratification” is only one aspect of police almost all the mega/metropolitan cities corrupt society would be the same and corruption. Open instances of corruption and urban agglomerations in the country. honesty and integrity spring from the by the lower ranks of the police, who community in which he lives. But, on a are in direct contact with the public, have 10. The increasing nexus between police closer analysis, we can find these wider implications on the image of the personnel at various levels and mafia arguments as emotional. As the very police and the police-public relations. operators is another disturbing trend in popular dictum goes that “chastity Shri PE Somaiah of Bangalore most of the cities like Mumbai, Delhi, begins at home” it is true that reforms University who has undertaken a Kolkota, Lucknow, Ghaziabad, or changes can be easily initiated in a research project “Bangalore City Police: Hyderabad, etc. These mafia syndicates small (as compared to society) definite, A study in organization and personnel bribe the police and the organized compact and disciplined organization problem”, has given a panoramic crimes such as periodic extortion, such as police than in society as a whole. account of some of these unhealthy kidnapping for ransom and “supari A person not less than Lord Denning had practices: “As Civil rules in our cities killings” committed by them go said that between the police and the and towns are not specific and definite, undetected. Similarly, some personnel public the former had a duty to change several types of criminal activities are connive at smuggling, blink at alcohol- first. carried out on pavements and open induced crimes and wink at anti-social places. The police personnel especially offences like trafficking in women, 12. When we discuss the coping the Constables harass and extort money peddling in drugs, etc. The mechanism to counter corruption and from the people many times a day. In criminalization of politics and the organized efforts to mythicise it, the first most of the places there is a deal of political patronage coupled with muscle and foremost task should be understanding between the street and money power enjoyed by the implementation of reforms/changes, vendors and police regarding the underworld prompt many police especially on organizational and “Mamool amount” (bribe) to be paid to personnel to collude with such forces in personnel levels. However, such reforms the police. According to the grapevine order to make material gains. Shri NN should form the grass root level, i.e., the in the police circles, money extracted Vohra Committee16 which was recruitment and training of police from these people also reaches the constituted by Government of India in personnel. It is regrettable that in our higher levels. Many of the night beat April 1993 in its report had highlighted country there is no uniformity in the constables in all the Bangalore City that there had been rapid spread and the recruitment of constabulary of the Police station limit immediately after growth of criminal gangs, armed Senas, middle level police personnel such as reporting for duty at 9 pm rush to snack drug mafias, smuggling gangs and Sub-Inspectors. In some states like vendors and cart sellers to extort economic lobbies, which have over the Kerala, the constables are recruited by mamools which range from just 1 rupee years, developed an extensive net work Public Service Commission, while in to 20 rupees or even more. Small of contacts with police, bureaucrats, other states like Tamil Nadu by a shopkeepers, groceries and stationery government functionaries, politicians Uniformed Service Recruitment Board marts are not spared either. Lower ranks and media persons. However, much headed by a Director General of Police

6 Jan - June 2004 or Addl DGP with all the members equipped in terms of infrastructure and quality of living of the members of drawn from the police force and co- resources and also handicapped due to police organizations. Most of the police opting one or two members like poor level of human resources. An units in Madhya Pradesh have psychologists or sociologists from unfortunate trend in respect of these successfully implemented such schemes. outside. The problem lies not in the institutions, especially those engaged in Similarly, a police hospital with all status or the complexion of the the training of lower and middle ranks modern facilities and staff in all the state Recruitment Board, but transparency in many states is that they cannot inspire capitals on the pattern of military and integrity of the persons undertaking and motivate the new recruits in line with hospital for the treatment of serving and the whole exercise. The recent exposure the mission and objectives of the retired police personnel and their of the Punjab Public Service organization. Instead, the adverse dependents and police departmental Commission Recruitment scandal, in ‘imprints’ that are created in their minds stores in all district headquarters to which the Chairman himself was during the training period due to the supply provisions and house hold items allegedly involved in corrupt practices lethargic, indifferent and overbearing at subsidized rates would help to in the recruitment to the State Civil attitude of some training instructors increase the police morale. A system of Services including the Police create reappear in the form of unhealthy traits monetary incentives like rewarding the genuine doubts on the integrity of such as lack of integrity, corruption, etc., police personnel an amount of money constitutional bodies like Public Service during their active service. equivalent to 5 to 10 percent of the total Commissions, which are now under value of stolen or recovered property greater political influence. The case is 14. It is often said that the general will motivate the personnel to give their not different in respect of Uniformed working environment, poor salaries and best during investigations leading to Recruitment Boards (of police), which lack of financial incentives force public greater professionalism and reduction of also resort to unethical practices during servants to adopt corrupt practices to corruption, etc. the recruitment of personnel. make both ends meet. Though there is Unfortunately, those personnel who get some truth in this argument, corruption 15. The success of such innovative appointment in the force by paying the basically is ‘habit forming’ and once an mechanisms depends on the attitude of highest bid (of bribe) to the Recruitment officer starts taking bribe, he develops police leaders who wield substantial Boards or their agents strive to recoup this as permanent habit and explores all powers in the organization. Two aspects the bribe money from the very day they modus operandi to amass wealth by are vital in this regard. Firstly, there join the service. Such unhealthy trends, hook or crook. But, in organizations like should be effective decentralization of which breed corruption in police police, where large number of personnel powers and functions at various levels organization can be countered only by become coarse and turn cynical due to of police administration. Secondly, the ensuring transparency in the recruitment stress, strain and frustration of law police organization should be process, for which the police hierarchy enforcement profession, the transformed into a horizontal one with and government should work out joint improvement in their working more flexibility, fluidity and individual strategies. Improving the image of conditions, pay and other facilities innovativeness and initiative so that Public Service Commissions by would have positive impact in curbing there would be meaningful deliberations inducting persons with proven integrity corruption. Thus, it is necessary to take and interactions at all levels of the force. and honesty, inclusion of retired judges a new look at the work environment and Simultaneously, efforts should be made or management experts in the style of management for the police to redefine the core areas of policing and department level Recruitment Boards, organization and see how it can be identify and delink those duties and tasks entrusting selection test/examination to moulded into a more humanistic that give ample scope for the lower rungs independent professional agencies, etc., professional and service oriented of police to resort to corrupt practices. are some viable mechanism to ensure department. A number of innovative Very often there are allegations of transparency during recruitment. mechanisms can be thought of in this rampant corruption among traffic police regard. The Human Resource personnel in booking false cases and 13. Another equally important area is Development in the police units through slapping fines on motorists, especially training , which inculcates proper ‘micro-economic governance’ 17 by two-wheelers, taxies, rickshaws, etc. The attitude and modifies undesirable one involving police personnel and their function of traffic management may be among new recruits. But, police training families in sustainable development delinked from the police department and is in a pathetic stage in the country. schemes such as Police Public School, an exclusive traffic management Except a few premier institutions like Banking/Co-operative institutions, IT department can be constituted with National Police Academy, Hyderabad, Kiosks, housing society, horticulture and thorough overhauling of existing rules majority of the police training production units like police garments, and regulations. Similarly, the police can establishments in the states are ill bakery, etc., would help to enrich the be dissociated from the other duties like

7 Jan - June 2004 passport verification, enforcement of to improve their motivation and corruption drive would demoralize the local laws such as Excise Act, etc. productivity level. personnel and adversely affect the police image. But, the reality is that prompt 16. Delay is attributed to be one of the 17. The police leadership should take action against the corrupt personnel will main causes of corruption. The firm steps to eliminate corruption in the have wholesome deterrent effect. The Santhanam Committee noted that force. The process of cleansing has to ‘anti-dote’ to the prevention of folklore administrative delays are one of the start at the top echelons, which should of corruption lies in such stringent action major causes of corruption and quite not only be honest, but should ensure to putdown corruption at all levels. This often, delay is deliberately contrived so honesty at lower level. In a disciplined would also help contain the conscious as to obtain some kind of illegal organization like police, the basic efforts by organized groups or critics of gratification. “Speed money” is reported responsibility of curbing corruption police to mythicise corruption with a to have become a fairly common type vests with the senior officers. In the view to discrediting and demoralizing of corrupt practice particularly in current scenario, they should seriously police at cutting edge level. The police matters relating to grant of licences, exercise this task. They should ensure leaders should take initiative to demolish permits, etc. Police organization is not active functioning of internal vigilance the walls of the “Culture of secrecy” in an exception to this general trend. For set up which can take care of preventive the force without prejudicing the example, in many police stations, vigilance to a greater extent. It is investigations and subsequent judicial registering a complaint, especially by a important in this context, to reiterate the proceedings. In fact the “closed mouth” poor or less privileged person has statutory guidelines, which are already and “no comment” policy of the police become a big problem. In such cases, a in existence and issue new ones organization has been exploited by the complainant will receive due attention wherever necessary. These guidelines media and the public for ‘police- only if he pays a bribe. Another should be practical and sacrosanct. The bashing’. disturbing trend is the improper or self-regulatory mechanisms, which have delayed investigation in respect of major become dysfunctional, have to be 19. The National Police Commission offences like murder, rape, dacoity, etc. strengthened after successfully had examined these issues at great length This will not only destroy the vital clues identifying and updating them. Another and made a number of recommendations and the evidences, but also lead to large concept, which needs consideration, is to harmonise relations between the number of acquittal of cases. The that a graded scale of punishment be police and the media. The Commission innovative schemes such as meted out depending on the status of had strongly advocated the sharing of encouragement to maximum registration policeman found involved in the as much information as possible (by the of cases, departmental action against corruption. Some state police police) with the media so that the those officers encouraging “burking” or organizations have already introduced tendency of the latter to come out with introduction of special rewards or mechanisms in vogue in this regard. For highly exaggerated stories on every medals to the personnel who conduct example, Kerala police has recently omission and commission of the police maximum number of investigation of initiated steps to link up transfer and can be effectively curbed. It had also cases with conviction in the court, etc., posting of personnel with their attitude, suggested that Dist. Superintendent of would help to improve the overall behaviour pattern and professionalism. Police (DSPs) should be empowered to functioning of the police. For example, Adverse traits such as involvement in deal directly with the press, while the Punjab Police, which had introduced corruption, rude and indecent behaviour police station should be permitted to such mechanism in Patiala district, could towards public, etc., would be furnish routine statistics such as a achieve spectacular results with regard incorporated in the Annual Performance number of cases registered, arrests to free registration of cases and their Appraisal of personnel, which would made, etc. In the current scenario, the speedy investigation18. The total number form main criteria during posting/ endeavour of police hierarchy should be of cases in the district, which was 2,978 transfer, etc. A move is also in the offing to establish ‘mutual code of honour’ in 1988 had increased to 5,752 in 1999. to constitute a Police Review Board with between the police and the media by Another notable achievement was the the inclusion of members outside the appreciating the role and responsibilities greater involvement of constables and police with a view to objectively of the both so that their interests and of head constables in the investigation/ assessing the professionalism of the the public that are ultimately served by inquiry tasks under the close supervision personnel and to work out remedial the both, would be well protected. Side and monitoring of sub-divisional police measures to refine the police. by side effort should be made to bring officers. The empowerment of police the police closer to the public. Public constables, who constitutes more than 18. There is some misconception in talks, seminars, symposia and 80 percent of the total force, would help certain quarters that effective anti- workshops on different aspects of police

8 Jan - June 2004 administration will help to project the misuse their powers and discretion to 3) From the report of Santhanam real image of police with more extort bribes leads to wide spread Committee 1964 transparence. Reputed local NGOs and propagation of the image of police as 4) Quoted from Gunnar Myrdal-the community liaison groups should be the most corrupt wing of the State. The author of ‘Asian Drama’ involved in such programmes. They lack of consonance between the 5) Corruption in Public Services in India should be used as effective channels for empirical existential reality of police and by Sri Sankar Sen sensitizing the general public on various its cognitive perceptions in the public aspects of police functioning and their mind also contributes to the 6) The Statesman, Delhi (January 1990) constraints. The concept of Community crystallization of such an image, which 7) Pro-active techniques tried out for Policing (CP) becomes relevant in this to a great extent is the product of hearsay improving performance of police – context. As the concept is basically a and media built stories. A police force Shri UNB Rao, IPS philosophy of client-oriented whose image is corrupt and partisan is 8) Police Today by Shri Shankar Sen effectiveness of police by f ocusing on bound to evoke negative feelings among problem solving, experiences and the public and cannot effectively enforce 9) Ibid – Sl.No.8 perceptions of citizens on policing issues the role of the law in a democratic set 10) From the Second Police Commission such as corruption should be properly up. Thus the major task of the police in Report (1902-03) assessed while formulating long term the new millennium is to refurbish its 11) From the report of National Police strategies and planning as part of image for which reforms at Commission (1977-1981) problem oriented policing. Such organizational and personnel levels are proactive decentraliza-tion approach imperative. A number of innovative 12) Quoted from the Article ‘Police and Policing in India’ an overview by Shri with the active involvement of citizens mechanisms focusing on the attitudinal KF Rustamji at grass root level would act as a major change of personnel especially the deterrent against corruption and other constabulary and pro-active schemes to 13) ‘Role of Police in a changing society’ maladies in police organization. harmonise the relations between the by Ms Aparna Sreevastava (APH Publication, New Delhi). police and the public/media are vital to combat corruption in police vis-à-vis 14) ‘Through blazing darkness’ Deccan 20. Corruption seems to have become a Herald/Spectrum – July 9, 1999 way of life in the country. Though the organized moves to mythicise it. The quantum of corruption in police is not success of this programmes depend on 15) Quoted from ‘Bangalore City Police – as high as that in several other the attitude of police managers who A study in Organization and personnel problem’ by Shri PE Somaiah, departments, its extent is quite wide wield considerable powers in the police organization. Bangalore University. spread and the consequences are more serious. The cancer of corruption in 16) Sri NN Vohra Committee was constituted by Govt of India in 1993 police very often jeopardizes REFERENCES constitutional governance and acts as 1) The Santhanam Committee was 17) Quoted from an article ‘Micro Economic Governance’ by Sri catalyst in the violation of Civil and appointed in 1962 when late Lal Bahadur Sastri was the Union Home Rajendra Mishra, IPS Human rights of the citizens. The fact Minister that bribe giver is often in distress and 18) Quoted from the article ‘Reform 2) Quoted from the annual report of initiative in police at district level’ by the capacity of the personnel to use or Transparency International Shri HS Sandhu, IPS

Prime Minister’s Silver Cup Essay Competition Winner 2003

9 Jan - June 2004 DOES THE INDIAN POLICE NEED AN ETHICAL FRAMEWORK

Jayanto N Choudhury

The reputation of the Indian A QUESTION OF ETHICS police leadership took a beating in 2003. Is ethics a relevant issue in Images that will haunt this generation contemporary society? This is ‘kaliyug’ of police officers were the arrest of CP, after all, when ends are more important Mumbai in the Telgi scam, a DIG of CBI than means. If many of today’s rulers led away in handcuffs on charges of do not follow the path of ‘rajdharma’, corruption and an IGP wanted for murder. how can police officials be expected to Earlier, top police officers have been work within a framework of ethics? arrested for involvement in recruitment Generals have been caught on camera, rackets and demanding payments for trading their honor for Blue Label. Many transfers. Senior officers have also been captains of industry and commerce accused of other sins of omission and believe that anything goes so long as it commission, whether deliberately makes a profit. The black economy remaining inactive (or partisan) during today is estimated to have reached riots, fake encounters and participating hundreds of thousands of crores. The in or turning a blind eye to the torture or burgeoning of vigilance machinery in killing of suspects. the public sector has had little impact

Academy Journal 10 on the scale and spread of corruption at of society, like the professions of superior cannot presume superior all levels. Today’s social icons boldly healthcare or education. That is why the professional competence in operational proclaim that ‘anyone who isn’t corrupt police have been entrusted with a matters. However, is the police leader lacks either the opportunity or guts.’ monopoly in exercising the authority of justified in resisting political as against the state in depriving an individual of operational direction that he knows will This article is not about his liberty, using force when necessary lead to castrophe and has presented his corruption. Instead it asks whether there against the state’s own citizens or views? Since the political leadership in is a need for ethics in policing, explores invading his privacy. Often working far a democracy represents the will of the some specific issues that generate from oversight by superiors, the courts people how can their political wisdom ethical dilemmas in policing, and finally or other public authority, the be challenged in the accepted framework proposes a focus on ethics from the discretionary power of even the lowest of governance? training stage. levels in the police is indeed overwhelming. This vast discretionary 3) Conflicts between obedience and power and the old predicament, “who CLASSICAL ETHICAL CONCEPTS legality, and obedience and basic will guard the guardians”, makes morality. What does a police leader do imperative the need for a framework of when he receives an order, which his Classical ethics in the West has values and professional ethics to guide political or administrative superior does the police in their dealing with citizens. ranged from the concept of Plato not have the legal authority to issue? If concept of an ‘absolute good’ to the the authority recognizes he is acting Aristotelian belief that good actions or ETHICAL CHALLENGES IN illegally, obviously the police officer is good persons could be judged only in a POLICING justified in disobeying. He is after all the particular context. Socrates’ view was servant of the state only in the case of mid-way between these extremes. He legitimate authority. What if the boss et us now examine situations held that happiness, as the goal of L claims to be acting legally, but the action human life, was not the outcome of when a police leader could face an ethical seems illegal to the officer? When there wealth, power or reputation, but in living dilemma. No attempt will be made to offer is the opportunity to refer the matter to a life that is good for the soul. The key ‘right’ answers, this being left to the legal experts, the police officer can of to human happiness is, therefore, the reader. course defer to their opinion. When this development of a rational moral is not possible, is the police officer justified in making a decision based on character. 1) Obedience versus professional his judgement? competence. Consider a situation when Indian philosophies reflect a a police leader is ordered by his official similar divergence. The Ramayana superior to execute an order that in his What if there is a conflict between represents a belief in ‘absolute good’, judgement would result in a disaster. obedience and basic morality? How can with Shri Rama as the archetype of Should the police leader obey, if the the police leader surrender his right to ethical conduct. Right conduct is a professional superior persists even after make moral judgements even if the continuum that has ‘sadachar’ or the he is briefed regarding the possible political authority cites raison d’etat embodiment of ‘dharma’ (Shri Rama) at consequences? What if the police leader (reasons of state)? The stark choice one end and ‘atyachar’ or demonic knows of certain factors unknown to the confronting the police leader is to follow conduct (Ravana) at the other. The superior, that makes it possible to his own conscience or justify his Mahabharat represents a more pragmatic achieve the actual objective of the order actions on grounds of the good of the approach to ethics in an imperfect world. only by disobedience? How can the state or his professional duty. This accepts a degree of elasticity in benefits of disobedience of operational ethical standards in order to overcome order on grounds of professional 4) Conflict between means and ends. evil. Other philosophies like Buddhism competence be weighed against the Police officers often face the dilemma of stress on right conduct as the path to disruption of hierarchy and discipline? whether to use wrong means to achieve ‘nirvana’ or salvation. good ends. In the interest of protecting 2) Conflict between obedience and society – ‘the greater good’, is it all right NEED FOR ETHICS IN POLICING political direction. In case of a conflict to plant evidence so as to implicate between professional competence and known terrorists or narcotics dealers? Is it acceptable to record false he profession of policing is political direction, the situation is more T straightforward. Unlike in the case of a statements or give false statements one that is essential to the functioning professional superior, the political under oath in court (perjury) to secure

11 Jan - June 2004 the conviction of known criminals? The use unethical conduct as a means of There is, therefore, a reciprocal most extreme cases are when dreaded career advancement. Many who fall by responsibility of regulating decisions terrorists and violent criminal like dacoits the way side are morally weak-willed or within a framework of professional are eliminated because it is difficult to self-deceivers who plead that they were ethics. The methods of exercising the secure evidence to convict them. only ‘following orders’ or that such authority of the state are intimately Conforming to the strict technicalities actions are part of ‘police culture’. related to the cultural pattern of any of the law could leave the terrorist or Integrity requires a leader to have a society. Modern policing skills, criminal free to kill again or to prey on coherent and stable set of core therefore, require not just knowledge of society. However, supporting illegal principles that are important to the law, but merges into history, politics, actions violates the very laws that the achieving the goals of the organization. economics, sociology and psychology. police are sworn to uphold. Should the The Hippocratic oath of the medical It also shares frontiers with scientific police over-step their role as enforcers profession states: Primum non nocere fields like chemistry, physics and of the state’s laws, to become ‘judge, – “Above all, not knowingly to do harm.” biology and advances in modern jury and hangman’ in order to protect This is the basic rule of ethics of public technology. A police leader cannot society when the legal system is responsibility. No professional, whether develop required analytical insight and perceived as inadequate to do so? doctor or lawyer, can assure a cure or judgement if he is trained simply in the acquittal. All he can do is try honestly technical enforcement of law. His 5) Torture of terrorists. A and to the best of his ability. constant dealing with human beings conundrum that best presents this is the requires him to have a deep ‘ticking bomb dilemma’: a captured The skill of the physician is understanding of human attitudes, terrorist knows the location of a ticking diagnosis and treatment; his motivations and behaviour. Such time bomb that threatens hundreds of responsibility is the health of his abilities can be acquired only through innocent lives. The only way to prevent patients. The skill of the police leader is learning outside his profession. These this mass murder is to torture the terrorist management of the authority delegated intellectual skills and sense of into disclosing the location of the bomb. by the state; his responsibility is professional responsibility are the only There is no time for reflection; an responding to crime and disorder for his qualities that differentiate higher police immediate decision must be made. Does client, the society. His conduct in leadership from the rank-and-file and the good end of saving innocent lives relation to society is guided by subordinate ranks. If there was no such justify the wrong means of using awareness that the delegated authority difference, there could be a single torture? Can use of third degree ever be of the state can only be utilized for hierarchy from the junior-most constable rationally justified by the principle that purposes approved by the state through to the highest rank. That is why the ‘necessity knows no law’ ? a complex of matrix of law, regulation education and training for senior police and tradition. He cannot impose services are designed separately from decisions upon the state that have that for other levels. A PROFESSIONAL ETHIC implications beyond this field of competence. However, he also has the CAN ETHICS BE TAUGHT ? Corruption is not discussed role of expert advisor to the state through its political leadership to explain since it is not a moral dilemma like the what is needed to meet his ome IIMs (IIM-C) have a issues above. Any police officer who S responsibilities, how to meet these takes pecuniary advantage in exchange separate course on business or needs and once the political agent of for official favours, is unequivocally corporate ethics. LBS National Academy the state has made decisions, to help doing so for self-interest not for the of Administration has a Center for Ethics implement these decisions. ‘greater good’. The ethical issues in Governance. Effective education in described above are the real dilemmas ethics can offer guidelines on how to that police officers face everyday when RESPONSIBILITY OF POLICE evaluate moral issues. In Plato’s deciding whether an action will achieve LEADERSHIP Republic, the wearer of the ring of Gyges the goals of their profession, like is rendered invisible. Once he knows protection of the general public from that he can use it without getting caught, olice leadership has a special criminals or maintaining social order. P the shepherd’s Gyges kills the king of What makes such decisions difficult is responsibility to evolve such a code of Lydia and then rapes the queen. Plato that there is no articulated professional ethics. As a member of a leadership uses this fable to present two code of ethics to guide the police officer. group, police officers particularly the IPS contrasting views on ethical conduct. It is easy to be a moral opportunist and enjoy considerable status and authority. The first, that anyone in the shepherd’s

Academy Journal 12 position would be foolish not to take takes place when the person has a clear content. Despite these inadequacies, it full advantage of the power of ring, since goal and incentive for changing. is important that premier training it gives the wearer the ability to do institutions for the Police like SVP wrong with impunity. Anyone Accurate personality tests are yet National Police Academy take the lead possessing such a ring would have no to be developed that could help in in initiating informed discussion on rational reason to do good. Justice is, recruiting those with a predisposition to ethical issues in policing from the basic therefore, merely a system of checks on ethical conduct or rejecting those with course onwards, perhaps in tandem with the natural inclination of people to sociopathic traits. If we adopt the 80:20 institutions like IIM-C or LBSNAA. It indulge their desires even when it rule, we can expect about 20 percent can also look to a state like Maharashtra involves wrongdoing. The contrasting people to be pre-disposed to unethical or a CPO like CBI to fund a Chair for the view is that people act ethically because conduct. Another 20 percent may just Study on Ethics in Policing. Will such they know and believe in morality, not be morally and mentally lazy and academic exercises make Police leaders because of fear of getting caught. The cannnot be bothered about thinking more ethical? Perhaps, or perhaps not. moot issue is whether the integrity of ethical issues through. The remaining What it will develop is a general sense an individual provides a ‘moral compass’ 60 percent are likely to benefit from of collective professional responsibility that distinguishes between right and training efforts. Once aware of an ethical of the IPS that is essential to its role and wrong. If this is accepted, only code, that is accepted as the basis of responsibility as the highest leadership sociopaths are amoral since they cannot their professional conduct and of level of the Indian Police. What can be a distinguish between good and evil. methods that help differentiate the more significant training outcome than ethical from the unethical, the majority this? Modern research postulates that will work towards maintaining the ethical conduct is part of the personality highest possible ethical standards. REFERENCES of an individual, but positive ethical 1) The Passion of the Western Mind: conduct can be learned and reinforced The impact of ethics training in Richard Tamas – Published by by factors like peer pressure. It is true, educational institutions like the IIMs or Random House Inc. LBSNAA is yet to be usefully evaluated. however, that the effective time to teach 2) The Soldier and the State: Samuel P. ethical conduct is in the formative years In any case, training cannot implant an Huntington – Published by Harvard and those who display a lack of ethics ethical code in individuals that guides University Press leaders to right action. All it can do is in childhood, often have problems with 3) Management: Peter Drucker – integrity as adults. Though people’s introduce concepts in psycho- Published by Harper & Row behaviour can change, and fear of philosophy and emphasize critical exemplary punishment or peer censure thinking skills, reasoning ability, and 4) Shouting Fire – Civil Liberties in a Turbulent Age: Alan M. Dershowitz has sometimes deterred habitual problem-solving techniques, with the – Published by Little, Brown and behaviour, effective change usually right blend of theoretical and practical Company.

“If he really thinks there is no distinction between virtue and vice, why sir, when he leaves the house, let us count the spoons.”

Samuel Johnson Letters

13 Jan - June 2004 MALIMATH COMMITTEE

PR Parthasarathy

The Malimath Committee report reform based on dignity and human rights.The manner in which the was submitted in April 2003 with its internationalizing a purely national recommendations on reforms of Criminal problem has been attempted appears to Justice system in India. It evoked mild be a manifestation of the fear of the squeaks and protests in the media for a status quoists who are concerned about couple of days and after that did not the human rights but not the human figure much to the extent to provoke a responsibilities. debate as it should have done. But strange though it may sound, The International Commission of Jurists, While Justice Malimath has Geneva and the Human Rights Law indeed highlighted the fact that the Network, New Delhi jointly organized a system devised more than a century ago conference on the 9th and 10th of August has become ineffective and his report 2003. The paper prepared for this touches a very wide spectrum of issues conference says that the objectives are connected with the India’s Legal as follows. One, to give a preliminary System, what comes out very response, two, to highlight the problems prominently is his emphasis on “truth” and lacunae with regard to the major and its inevitable impact on “Justice”. recommendations and three, to raise a This starts at the Preamble stage debate within the legal community with itself.Of the three parts of the Preamble a view to achieving a criminal justice two pertain to the “Quest of truth” .

Academy Journal 14 Though he has not spelt it , truth does not know this there are people to amended to require that the statement today is the biggest casualty in the put him wise. And the present law of the witness “should then be read over courts and the provisions relating to facilitates it and the players in the criminal and signed by the maker of the statement punishing people for perjury are hardly justice system,each in his own way and a copy must be furnished to him”. if ever invoked. So, he has rightly gone exploiting it makes justice becoming about making efforts to bring about analogous to the will of the wisp. It is Almost half a century ago, the changes in this area. not that the judges do not realize that Law Commission in its 41st Report, had the witnesses are lying.It is not that the said the same, but it did not see the light One does not know how to react lawyers are not aware of it either, even of the day. Why because you cannot to the oft quoted maxim that ‘Justice is in the event of their not having played a trust that the investigating officer would truth in action’. Let us take the recently part in coaxing,advising, pressurizing or not have played foul and forced the decided Bakery case.There were 41 threatening the witness - personally or witness to sign the document witnesses for the prosecution.All of through emissaries. The comments of supposedly the statement made by him. them turned hostile which means they the former Chairman of the Bar Council The National Police Commission resiled from the statements that they of India are very telling. And how does recommended more or less the same but had made before the investigating society respond to this sad state of for a different reason - that the officer and did not support the affairs - with apathy and indifference investigating officer will not have a prosecution’s case.Strange though it mostly - cynism and dismay playing a chance to tamper with the statement might sound just two out of them were miniscule part if at all in the case of a once made and signed.And the witness pitchforked and they said that they did negligible few. was in any case supposed to be supplied that under fear and duress. This did with a copy. Sections 161 and 162 only not happen with the other 39.It is not Let us recall the famous case of say that the police officer may examine unlikely that they too went back on their JMM in which the ex-PM was implicated. orally any person supposed to be statements for similar reasons.Making The CBI,the premier investigating acquainted with the facts of the case and three different statements at three agency investigates the case under the such person shall be bound to answer different stages ,will discredit any gaze of the court. One day one of the truly all questions put to him. This will witness and a fourth version in a retrial top industrialists is supposed to have be reduced into writing but shall not be at a far away place as demanded will not made a statement about having signed by the witness making the change the situation.Retrial of an offloaded a huge sum to the concerned. statement.This is what facilitates aquittal case is unlikely to produce a Later, at the appropriate stage he denies witnesses - like all of them in the different result that can hold good till having made that statement without “Bakery Case” to turn hostile or for that the last stage of appeal.Atleast not batting an eyelid.In the JPC report on matter the witnesses from the elite under the present Criminal Justice Harshad Metha scandal some of the segment of the society also to do the system. If anyone should know this, it MPs appended a separate note and said same with impunity and aplomb - which is the National Human Rights among other things “witnesses, bankers, is happening every day in the lower Commission which has unfortunately brokers, public sector executives, courts where trials are being held and joined the chorus demanding a retrial. bureaucrats and businessmen were witnesses examined. So a simple quick to discover that they could bluff solution that the statement of the literate As the law stands today, the trial their way out of the witness box with witness should be signed so that when judge pronounced the judgement of impunity and aplomb. What a sad he is shown his statement bearing his acquittal “on the basis of evidence that commentary? The situation in the signature he will atleast not go back on was produced before him in the court”. criminal courts trying cases involving it with “aplomb” is unacceptable to the That is the crux. Regardless of the moneyed or otherwise influential status quoists. elusive concept of perjury being an accused persons is no different. This will offence, compare the number of indicate what happened in the Justice Bhagwati while dealing witnesses turning hostile to the number “Bakery”case. with Nyay Panchayats had said that the of people taken to task for perjury. The Nyay Panchayats would be able to ratio will be a million to one (even that Coming back to Malimath discover the truth more easily than the one is doubtful). report,he has tried to some extent deal ordinary courts and it was not necessary with the “bluffing their way out with to follow the adversarial system. “It is This is because it is so very easy impunity and aplomb”. He has self evident that the possibility of perjury to resile from the statement made earlier. recommended that Section 162 0f the is largely reduced if the venue of enquiry If the witness who has to be tampered Criminal Procedure Code should be is nearer the place of occurrence and in

15 Jan - June 2004 the presence of fellow citizens. The This appears to us to be a special matter taking the life of an innocent child,but witness may without much reluctance relating rather to the discipline of the here was a case where law and justice perjure himself in the witness box in a police than to the principles of did not coincide and I had to acquit the court some distance away from his Evidence”. The mindset then and the accused which I did most reluctantly. village but would hesitate considerably mind set now ossified due to the Administration of the Criminal Justice to tell an untruth in the presence of his passage of over a century has not System in India is such that there must fellow citizens who know all about what undergone any change. And what has be countless number of judges who in fact had happened”. Well this may discipline to do with confessions? must be feeling the same way”. still be applicable to the lower classes of people who generally abhor Justice VR Krishna Iyer had said REPORT ON TRIAL falsehood. But if it is the elite segment “Every legislation, when times and of the society, they on their own or conditions change in society,needs The media reports that the Bar backed by legal counsel resile because revision so as to cope with the new Councils and the Advocates are of both lack of conscience and challenges. Justice Malimath has also opposing the recommendations of convenience. Justice Bhagwati too advocated a revision every fifteen years. Malimath Committee report does not emphasised on “requirements of natural But when the recommendations in the come as a surprise. Generally the human justice and the search of truth” and “no 41st Report oft Law Commission is tendency is to resist change. Malimath technicality should be allowed to stand gathering dust along with several such Committee tried to set right the anamoly in the way of discovering the truth”. recommendations, it is futile to expect of over 150 years. He stated in his report Truth and nothing but the truth-but that the Law Makers will show that “the Criminal Justice System what is one to say about our experiments enthusiasm in amending the Law which devised more than a century back, has with truth ?When witnesses lie in the suits those dealing with the Criminal become ineffective, a large number of court it does not hurt their conscience Justice system. Vested interest and the guilty go unpunished in a large number or that of the members of the Bar or the present legal system that has tied itself of cases, the system takes years to bring Judiciary who know perjury is being in knots of technicalities will ensure the guilty to justice and has ceased to committed as the Criminal Justice status quo. More particularly when the deter criminals”. He also added that not system stands today. Nor are they hurt Law making body is getting filled up only crime was increasing day by day in any other manner for telling lies on with more and more persons who have but types of crimes are also oath, though Justice Malimath has made criminal cases pending against them no proliferating. Malimath considered the recommendations to amend the law to such sensible and desirable amendments pros and cons of the systems of Justice enable the trying judge to resort to will find favour. That will be as good as available and for valid reasons has summarily deal with perjury before recommending Harakiri. Seen in that advocated that we stick to the him.Once lying witnesses start getting light the reommendation of Justice Adversarial System as fairness to the punished one will see the desired Malimath”. In a criminal proceeding, the accused is better protected under this improvement. fact that the accused has a bad character system than the Inquisitorial System is relevant. Explanation A “previous prevalent in France, Germany, etc. He, A word about the admissibility of conviction is relevent as evidence of bad however, felt that some of the good the confessions made before the police character” does not meet the requirement features of the Inquisitorial System can officer - dealt with by Section 25 of the of today’s society. Because like the be adopted to strengthen the Evidence Act. Justice Malimath has accused in the “Bakery”case if people Adversarial System to make it more recommended the amendment of Sec 25 are not convicted at all the question of effective. of the Evidence Act on the lines of their being referred to as bad characters Section 32 of POTA. This is too strong does not arise. This particularly applies Among the various criticisms and will not be digested by the judges to mafia chiefs, the underworld levelled was that most of the as well as the members of the legal adulterators and the present day Robin recommendations undermined the basic fraternity both of whom have the same Hoods that brings us back to where we principles of criminal jurisprudence. mindset. However, I reproduce the started. Justice is truth in action. Take They further said that recommendations relevant portion of the report of the away truth or even damage it a little and relating to confession to police officer, Select Committee on the Draft Bill of the justice is unattainable. burden of proof beyond reasonable Evidence Act on the 31st of March 1871, doubt, presumption of innocence, right “We have not thought it necessary to The words of Justice Chagla in his to silence and extension of period of transfer from their present position in book “Roses in December” are worth Police custody could not be accepted. the Code of Criminal Procedure the rules reproducing. “I was however morally Justice Ahmadi too joined the chorus in as to the confessions made to the Police. certain that the accused was guilty of a Seminar held in August last and

Academy Journal 16 characterised the report as basically pro done. Why is the International number of recommendations made by police and went further to question Commission on Human Rights pitch in? the Malimath Committee and the Law Malimath’s expertise in the area of And none of these agencies would Commission were being considered at criminal law saying that he had no contend that the Criminal Justice System the highest level, including the law experience of the trial court work. is in good shape. In the first place, their relating to hostile witnesses must be minds are all attuned to the system that causing discomfort to the status The basic principles of Criminal has been in vogue since the days of quoists. The Law Minister, who is also Jurisprudence that they talked about Macaulay and they would not like to an eminent criminal lawyer further stated was the Anglo Saxon jurisprudence that accept that there can be another way to that he, along with the Law Commission we borrowed from the British. It is not effectively deal with the problem of had given a presentation on the manner crime and criminals. Secondly they are known whether they are aware of the in which the Criminal Procedure Code all status quoists. Thirdly, and most moves to change the system in England can be amended to effectively deal with importantly they are having it good itself where we borrowed it from. They the problem of hostile witnesses under the present system which is felt that in an evolving society the legal resulting in miscarriage of justice. After acquittal oriented (another way of system should keep adapting itself to all, Malimath had recommended the changing needs. When British Prime saying “too far moved in favour of the precisely that viz., to give due and Minister, John Major came out with what defendent”). If the present system is proper consideration to the various Law is called the “Back to Basics” theory being obsessed with protecting that Commission reports and the there was some element of objection by “rare innocent”(to borrow the words of recommendations of the National Police the British Parliamentarians. But the Justice V R Krishna Iyer) and allows basic premise that “Crime is not just a most of the accused to go scot free, Commission over twenty years ago. problem for the well to do. It often hits which means that all the Defendants’ Further, he not only emphsised that hardest the people who have the least” Lawyers are benefitted by the system the 150 year old codes were no longer was not objected to. The British which is their bread and butter. Well, in valid to deal with today’s India, as over Government with U K being the fountain the legislature it is not going to be a period of time the Law and Legal head of the Anglo Saxon system different because people with the same procedure has been misused by the contended “Defendant’s right to mindsets will create obstructions. Why various agencies connected with the silence” will be modified, allowing try and meddle with this and try to seek Criminal Justice system, but suggested courts to draw an inference from the out a more effective system? After all in that a review be undertaken every fifteen suspect’s refusal to answer questions a system in which criminal record means years. How one wishes that the legal in a police station or during the trial. It previous convictions, which are hard to fraternity is not myopic and sees the was also stated that the Government had come by and more and more “so called larger interest of the society! decided to act thus after pressure from respectable people” increasingly facing trials you stand to benefit by the present the judges and police officers who Malimath has made several day system “which allows a large number complained that the balance of criminal recommendations which, if implemented of guilty persons go unpunished” in the justice system had moved too far in will go a long way in making the system favour of the defendents. We have to words of Malimath, it is probably effective. The inherent vulnerability of understand that these developments in unrealistic to expect those who can bring the anachronistic Criminal Codes, the U K took place exactly ten years ago. about a change no being particularly exploited by the resourceful lawyers Therefore, there is nothing sacrosanct enthususiastic. If and when their bread and criminals with resources have made about the so called principles of Criminal and butter is under jeopardy the Jurisprudence if the Criminal Justice Lawyers do make noise. For example, it a mockery of the system. As for the System is collapsing. The victim having would be worthwhile recalling who judges they have to willy nilly operate a say to safeguard his interests was also starts protesting first as a body within the framework prescribed by the given recognition at that stage in the whenever Martial Law is proclaimed and Legal System. Though this applies to UK. normal legal procedure is held in the Bar as well, they seem to have abeyance depriving the lawyers of ,what discarded strict adherence to the ethical Now, why are the Advocates they deem to be “their share”. codes if one goes by seeing what is protesting the way they are doing now? happening in cases like the “Best Why should the Bar Council of India There are thus going to be several Bakery”. give instructions to the state units to stumbling blocks. The statement of mount pressure? Why should the retired Arun Jaitley, taking part in the seminar Malimath has shown the way to Chief Justice air views the way it was held in Delhi in August last that a get out of this impasse. The advocates

17 Jan - June 2004 and the retired Judges are refusing to day problems with century old tools. well. He has also touched upon shed their blinkers, and to look at things The post independence era has compensations as well as punishments with an open mind in the interests of the brought in a host of Economic Offences to the victims and perpetrators of society at large. Long winding and the normal IPC/CrPC/Evidence Act bigamy. He has touched upon the judgements which are merely skirting methods leading to delayed offences relating to women and children. around the point at issue but not investigations by the investigating He has shown receptivity to the present grappling with it due to the technicalities officers who are ill equipped to handle day problems and has dealt with the in the procedure and obiter dicta which them, followed by tardy trials do not problems and suggested solutions, by themselves might be literary gems satisfy the victims or complainants. relating to all agencies involved in the but not of use to the cause of justice are They are interested in the recovery of Criminal Justice System. all of no avail. The gap between morality the financial damage done. They are not and legality should be as narrow as interested in the accused going or not To associate with any attempt to possible if it has to be there at all. Ideally, going to jail. Ask all the victims in bury that report dubbing it as “pro they should merge and become one. economic offences and this will be clear. police” will be not just denial but Similarly, we should not face the present Malimath has tackled that problem as contempt of Justice.

The mind like a mirror is brightly illuminating and knows no obstructions, it penetrates the vast universe to its minutest crevices.

All its contents, multitudinous in form are reflected in the mind which, shining like a perfect gem, has no surface, nor the inside

- Yoka Daishi

Academy Journal 18 COMBATING THE DRUG MENACE BY COMMUNITY PARTICIPATION

N Venu Gopal

Kullu district is located in Narcotic problem of Kullu district can be broadly classified into three central part of Himachal Pradesh with dimensions. an area of 6500 sq kms. This district was popularly known as “Dev Bhoomi” Dimension One, is organic drug since several hundred years. However, which is Hashish oil and high quality in recent times, Kullu District has Hashish often with THC content acquired a bad name of “Drug Bhoomi” exceeding 15 percent. Just because of because it has transformed itself into a its super fine quality with high THC, hub for drug production, trafficking and this product is in great demand in consumption. countries like Isreal, Italy, Holland and UK. More than 60 percent of this breed MAGNITUDE OF THE PROBLEM of drug is smuggled outside the country for its final destination in countries mentioned above. Rest of which are One can comfortably say that finding its final reach in Kathmandu, more than 16 percent of cultivable area Goa or parts of middle east. of Kullu district is under direct or indirect cultivation of illegal Narcotic Dimension Two, is illegal crops like poppy or cannabis sativa. cultivation of Poppy crop /Opium plants

19 Jan - June 2004 in many areas of Kullu District .Opium phenomenon is known since 1960s. Kenya, United Kingdom and several and opium derivatives after their However, it is true that this drug menace other countries started marching extraction are partially consumed inside has reached an alarming proposition in towards this land for easy access to drug HP and partially smuggled outside the the recent years for different reasons at cheaper rate. This particular factor has state.The organic drugs namely Hashish listed below: altogether changed the dimension of and Opium are illegally grown in drug menace of Kullu district. abundance in most of the hilly areas of Fragmentation of land holding : Over this district. Initially, the cannabis crop the years, the population of this district On an average, nearly 26,000 was considered as wild growth but, in has increased in an exponential way due foreigners visit this district alone in a recent days, lot of drug peddlers to the different reasons like massive year of which more than 45 percent of systematically started cultivating migration of people from Punjab, them prefer to stay for more than five or cannabis using all modern techniques adjoining districts like Kangra and Lahul six months. It is important here to including hybrid seeds derived as a Spiti. Increasing population has resulted mention that Kullu has highest number byproduct of biotechnology. The same in fragmentation of land holding in a of foreigners settled permanently. In is the case with poppy plants. family clan. This particular aspect has many places like Kasol, Pulga, Tulga, made agriculture unsustainable for any Malana, interiors of Manikaran valley Geographically, illegal poppy family forcing them to look for all other one will find more foreigners than cultivation is confined to Banjar and options including drug production and Indians in restaurants or in public places Sainj subdivision of this district, smuggling since other sources of lively forcing a stranger to think that whether whereas, cannabis cultivation is spread hood like industry is virtually zero. he is in India or some other part of the all over the district. However, good world. quality cannabis plants are grown mostly in Manikaran valley, upper Frequent failure of apple crop : Many Manali, Malana, Ghoziani and Anni sub- enterprising locals started increasing Earlier, illegal drug producers division. their income by venturing in horticulture had to smuggle drug outside Himachal especially, apple orchards. However, in for marketing either in Delhi, The Third dimension is Inorganic the recent years, due to extensive Pathankot, Goa, Kathmandu and other Drugs like LSD, Brown Sugar, Mandrax, exploitation of forests and interference parts of Western UP. With the arrival Methaqualone and Amphetamine of human beings with natural of massive number of foreigners as environment has led to very less snow gypsies, no longer locals go outside which are very commonly used by drug fall and rainfall. This drastic change in for marketing their illicit drug. It is a addicts in abundance in this district. agro-climatic conditions resulted in simple factor of demand and supply. Most of these drugs flow from outside frequent failure of apple crop and other Since, the demand has increased near Kullu district to cater to the drug addicts orchard industry the root of supply, this illegal trade has who periodically graduate in their flourished like cancer in the recent one addiction from one level to another level. Unemployment Problem : The frequent decade. In nutshell, we can say that organic failure of apple crop clubbed with drugs namely, opium derived from poppy fragmentation of land holding has WHY COMMUNITY and high quality Hashish Oil and resulted in growing unemployment. PARTCIPATION? Hashish derived from cannabis flow Hence, most of these unemployed youth outside the district and the inorganic are left with no other option other than psycotrophic substance drug resorting to short cut methods like When the problem was mentioned above flow inside to cater to growing poppy or cannabis illegally to considered for eradication, the following the demand of huge number of drug augment their income. factors forced the district police and the addicts both of foreign and Indian author to look up to community origin. MASSIVE INFLUX OF participation as the only means for FORIEGNERS bringing this menace under control. This REASONS FOR THE GROWTH OF was followed by a socio–economic DRUG MENACE approach to eradicate the menace With the advent of hippie permanently. culture in early 1980s, thousands and he narcotic problem of Kullu T thousands of foreigners especially, from • More than 10 percent of district is not something new. This countries like Italy, Israel, Nigeria, population is directly or

Academy Journal 20 indirectly involved in narcotic contacted into our operation by about smugglers and drug addicts. cultivation, extraction, refining, motivating them. This was done by trafficking or consumption. regularly addressing the school and TOOL NO: 4 • There was a general mistrust college children in their morning prayer meetings. By this,message The Fourth step used was all the among public about police spread from children to parents and parents of drug addicts were approached department resulting in little or parents to society at large. All the anonymously by maintaining no cooperation from public for officers including District SP visited confidentiality and their co-operation fighting this menace. schools and colleges regularly as part enrolled for controlling this menace. • There was strong nexus of their first step in community TOOL NO: 5 between drug peddlers, participation. Adults in the society politicians, police, prosecution, may be having fixed notions, which Since most of the endemic area and forest department. may be difficult to change, whereas for cultivation is spread in remote children’s can be easily moulded since villages, Dist Superintendent and all These factors mentioned above they were not having any bias. By other officers made frequent trips to made the tasks of police like identifying continuous effort and intiative, the villages as part of their campaign to the smugglers, identifying and author was able form a big group of increase awareness about ill-effects of destruction of narcotic crop cultivated school and college students as well drugs. in thousands of acres of land a as teachers to form an ANTI Herculean task. If one has to destroy NARCOTIC TASK FORCE. the entire narcotic crop cultivated in a During such “Gram Police year, probably district may need to TOOL NO:2 Camps” by Police officers, public were launch Kargil-like operation which may encouraged to switch from Narcotics require not less than two battalions for Police also started other Schemes to other lucrative safe crops like twenty days for ensuring that like Samart Yojana which intends to ayurvedic medicinal plants, flori destruction is 100 percent. This is not teach (UAC) unarmed combat for culture, hybrid garlic, etc., since possible considering the manpower school and college girls free of cost climatic conditions are best suited for constraint in the state and also it may using UAC instructors of police all such kind of projects. Recently, not serve as permanent solution since department. This was started many private enterprises successfully every year police may need to repeat originally with an objective of making implemented projects for cultivation of this exercise spending huge amount school girls self dependent and also Zinco byloba, taxus bacata and of resources and manpower. to over come the problem of eve several other medicinal plants. Police teasing. This was a great success also indirectly promoted cultivation of resulting in positive inclination medicinal plants with the help of CONFIDENCE BUILDING towards police department and also in Ayurveda Department of HP MEASURES AND COMMUNITY its anti-narcotic mission. Thousands government and private enterprises PARTICIPATION TOOLS USED of parents whose girls were imparted which give good returns to ensure that training have become close to police farmers are kept away from drug cultivation. Since Public were having department. apprehensions about police, for gaining TOOL NO:3 TOOL NO: 6 the confidence of general public, police department launched a massive public Third strategy was that all Police department systematically contact programme. Entire police retired police, army, teachers, para brought different bodies/groups like department was mobilised and military personnel and government beopar mandals, employees union, sensitized about the mission objective employees were met door-to-door as mahila mandals, people involved tourism and all undesirable elements in all part of community participation industry and all govt employees, gram government departments were identified scheme. All the important towns were panchayat pradhans, panchayat and weeding out process started. divided into sectors and in each sector members, chairman zilla parishad, block 5 to 10 general public were made active smiti members, members of municipal TOOL NO:1 members of the community policing committee, etc. scheme. They were constantly and In the first step, all school and continuously contacted by police By all these efforts in each and college students were regularly personnel for collecting information every sector of community policing,

21 Jan - June 2004 police created a strong set of bodies information about all good and bad This strong set of people predominantly consisting of retired elements which virtually served as an representing community policing scheme government personnel and other encyclopedia of that area.The criminal along with School and college children respectable persons who along with intelligence of police has increased by greatly helped police department in beat constable played an active role. this and it has directly resulted better destruction of poppy and cannabis fields Every sector has a register which has detection in NDPS Act (see the graph). in thousands of acres of land.

DETECTION IN NDPS ACT DURING LAST TEN YEARS

140

120

100

80 NO:OF CASES PERSONS ARRESTED 60

40 Number of cases / persons 20

0

1 2 3 4 8 0 1 R 9 9 9 9 0 0 02 995 997 99 0 0 19 19 19 19 1 1996 1 1 -2 -2 YEA 0 0 0 999-2000 1 2 20

Academy Journal 22 FROM THE HILLS OF MT. ABU TO THE ROCKS OF HYDERABAD

AK Abrol

It has been a long and arduous thought that comes to my mind is of the quality of life that we had in National journey through many ups and downs Police Academy, Mt. Abu, our darling (including the ones between the Alma Mater. The entire set-up somehow Rajputana Hotel and Naiki Lake), pot- looked ramshackle and improvised and holes and pitfalls (including the two falls yet I wonder how easily most of us from the horseback in Trevor Oval), light adapted ourselves to it, like fish to water. and shade (including the dark tunnels Talking of water, I am reminded of hot of the early career, the limelight of the water in half-filled GI buckets, those mid career, and light at the end of every antique thunder boxes and Bhelaji, my tunnel). These vicissitudes have not diminutive batman. In spite of the strict made me a genius but they have regimen, the discomfort and vagaries of certainly made me wiser. Of course, weather, life at Mt Abu was rather wisdom does not necessarily come with interesting and not necessarily so age – sometimes age just shows up all because of the Langurs and Dilwara by itself. In my case, the last 25 years Temples or the Brahama Kumaris or the have contributed just about a smattering Gujarati tourists or the ubiquitous and of wisdom and lots of age. yet so elusive Acharya Rajneesh and his gorgeous disciples (or to be more Talking of the service during my precise, disciplesces) whom some of us formative years, the first and foremost went wild-goose-a-chasing sometimes.

23 Jan - June 2004 I am also reminded of the flood that circuit. There is neither enough space used to run when I was at Mt Abu. was said to be the first of its kind in nor time to reminisce about the lovely Leaving Mt Abu on that damp and cold decades at Mt Abu where deforestation trip that we had under the command and morning in early December 1973 was had played a havoc with ecological tutelage of Shri MM Khatri, our really a painful parting. I am reminded of balance and rains had become few and esteemed Law Instructor who went on Hamlet:- far between. The flood caused the to become a Judge in Bombay High ancient roofs to leak but provided some Court and subsequently “tried” Shri AR “Good night sweet ladies, respite to our young bones from the daily Antulay in that historic case. One can goodnight! drudgery of drill and the ‘outdoors’ as never tire of talking about Ajanta and Parting is such a sweet sorrow the shafts of water lashed fiercely Ellora and Golkonda Fort or Salarjung against the old and decrepit buildings Museum but two particular incidents That I shall say goodnight as though the floodgates of heaven had have remained foremost in my mind opened. Sunshine was on a premium and though a quarter of a century has Till it be ‘morrow!” food was in short supply; so also were elapsed. In Bombay, we had gone to call the Gujarati tourists. Nakki Lake was on Mr Ramakanta Kulkarni, the then Dy I distinctly remember the ‘hi’s, the brimful. I am particularly reminded of the Commissioner of Police (Crime) of the ‘byes’ and the ‘Thums up’ signs which eerie howling of the dogs – both the Wal Scott fame. While we nursed our simply would not stop. Little did many stray and the pet variety – which cups of tea in his office, he pontificated of us realize at that philosophical preceded the boat disaster in which as follows:- moment that many of us might not see some 7 or 8 tourists had perished. I have each other again for the rest of our lives. distinct memories of the help ‘rushed’ At the Re-union Seminar, only 38 of us “The seniors in the police should by the Academy and the way some of turned up. I am not very sure about the be treated as fire: never get too close to th the CBI Cadets and Probationers as well 30 Anniversary Re-union. Vikram them lest you should burn yourself. as the instructional staff went about Seth’s inimitable lines inevitably ring in Never remain too far lest you should rescuing the drowning and salvaging the my mind – deprive yourself of the little warmth that drowned. might be rightfully yours”. “How rarely these few years, as work keeps us aloof There are several living memories of my living days at Mt Abu – “Policemen are like dogs – they Or fares or one thing or another bark at their subordinates and wag their particularly those associated with Have we had days to spend under tails before their superiors.” Room No. 8 of Rajputana Hotel and our parents’ roof. also of leaving Mt Abu on occasions Myself, my sister, and my brother like Holi and Diwali for a much- Mr Kulkarni, however, did not yearned-for and much sought-after mention that they also run away with All five of us will die; to reckon “chhuti” at home (spent mostly with their tail between their legs when the from the past the girl friends and not necessarily occasion so demanded. The other This flesh and blood is unforgiving with brothers and sisters); an incident happened at Daulatabad What’s hard is that just one of us occasional furlough to Abu Road and Police Station in Aurangabad District will be the last for those who ventured further, even where we had been taken for a ‘study upto Jodhpur and Ahmedabad. I am tour’ after a particularly late night. Not To bear it all and go on living” sure many of us would remember the being much interested in ‘VCNB, ‘Dagi A little morbid perhaps, yet how bloody-Holi that was played on Register’ and ‘Crime Maps’, I must true! Marwar Railway Junction while we have dozed off at some stage. Mr were returning to Mt Abu by Delhi- Khatri, the hard task master, wasted Much of what we see depends on Ahmedabad Express after a binge at no time and took me to task and called where we stand. In retrospect, things home in early March, 1973. for my written explanation which I jolly look different, not necessarily better or well furnished within the stipulated worse, but just different. The years But memories of the occasion twenty-four hours. I have yet to get between Mt Abu and Hyderabad were when we left for “Bharat Darshan” come any further orders, my Lord, you never full of agony and ecstasy – almost all of cascading down the hills and mountains. know…” us had our share of triumphs and I remember I was with the group that debacles. Although we were all shaped went to Ahmedabad, Bombay (now As I write these lines, nostalgia and nurtured by the same Alma Mater, Mumbai), Aurangabad and Hyderabad runs through my veins like adrenalin our careers and lives have been so

Academy Journal 24 dissimilar, so unidentical that one has “Your children are not your ‘cultured’ pearls which many of us to accept the concept of ‘fate’ and children brought when we were at the ‘Treasure ‘destiny’. Most of the ‘destinies’ were They are the sons and daughters of Island’ on 18.12.97… If we are different, determined by the cadres to which one Life’s that is partly because of our different got allotted, and what is allotted Longing for itself characters and different attitudes. Character is, after all, destiny. Our lives cannot be blotted. The ‘destinies’ of They come through you but not from and careers are largely what we choose others were made or marred by the fact you, to make of them: whether they did or did not choose to And though they are with you yet have a godfather or a choice of they belong not to you “Life itself cannot give you joy godfathers. In short, we all went our You may give them your love but Unless you will it, own ways – some astray, some not your thoughts Life just gives you time and space, wayward – some remaining steadfast For they have their own thoughts It’s upto you to fill it.” to the ideals that had been drilled and You may house their bodies but not All said and told, ours has been a instilled into us at Mt Abu by Shri their souls.” very special Batch and it is a great Gokhale, the worthiest of all worthy Although we have come a long privilege to be a part of this heritage and Directors, and did not make any way – each one of us his/her own way, to be associated with all those stars who compromises. One might as well tell yet the Re-union at Hyderabad re- have shone more brightly than the the Alma Mater, like Kahlil Gibran’s asserted the existence of the umbilical others. At least the lesser mortals like Prophet told the woman with the babe cord that runs through the entire Batch me can bask in the reflected glory and held against her bosom:- like the string through the necklace of legitimately so; last but not the least!

Truth has many aspects, infinite truth has infinite expressions. Though the sages speak in diverse ways, they express one and the same truth - Srimad Bhagavatam

25 Jan - June 2004 ECONOMIC OFFENCES CODE - NEED FOR EARLY LEGISLATION

Amiya K Samanta

The liberalization of the market economic development in a better manner. in the wake of the signing of the World Trade Agreement, underscores the point That there is rampant violation of that far too many regulations inhibit the economic laws and regulatory rules in growth of trade and industry and the country is a common knowledge. consequent economic development of The big security scams “immortalizing” the country. So the legal restrictions on Harshad Mehta, Bhupen Dalal, et all, trade and commerce should be brought followed by bank and chit fund frauds to the minimum. As a matter of fact, it is involving huge quantum of money, very often contended that the benami and hawala transactions, food regulations should have a facilitative and drug adulteration, tax evasion, role, instead of restricting the economic import-export offences, information growth. The freedom from restriction technology offences, insurance frauds, need not be construed as reckless corruption in the government, etc immorality and unfairness but it should pervaded the public consciousness with also ensure fairness in competition and suffocating regularity. As a matter of freedom from fear and insecurity of the fact, with trade liberalization and capital investors. A criminal justice system that consciousness the ever-increasing ensures such fairness and safety and number of corrupt elements in the security is, in fact, likely to promote corporate world are becoming desperate

Academy Journal 26 in looting the public money. The recent the nodal group will all be senior serving TOLL TAKEN BY CORRUPTION Unit Trust fraud and other security officers of the Government, and as such frauds establish the fact convincingly they will be exposed to political that without the patronage of the influence. Our bureaucracy, it is well India’s standing in the administrators and the politicians, the known, has not lived up to the Weberian international community with regard to crooks could not have taken the public standard of impartiality and rectitude. human development, according to the financial institutions for a ride. In the The ‘nodal group’, as suggested by UNDP report, is 135 out of 175 countries. face of such powerful nexus of the Vohra is, in fact, a ploy in the power But with regard to corruption, according operatives at the highest levels of game between the bureaucrats and the to the Corruption Perception Index (CPI) politics, administration and the politicians, because the politicians are released by the Berlin Transparency corporate world, it will be a futile made to look untrustworthy vis-à-vis the International in August 2002, India exercise to remind such people of private top bureaucrats. A group of top occupies 71st position in a list of 102 morality and social responsibility. The bureaucrats, according to Vohra’s countries. Presently, India scores 2.7 in only way to control the rampant looting suggestion, will be the repository of all a 10-point scale, while in 1995 it was 2.78, of the public exchequer is to bring the the secret information regarding illegal 2.9 in 1999, and 2.8 in 2000. It is well offenders to speedy justice, which alone transactions of big money, the linkage known that the Scandinavian countries can restore the lost public confidence between the politicians, businessmen, are the least corrupt ones, and according in the government. underworld dons and bureaucrats. They to the UNDP report, if India could bring will decide when and against whom to the corruption down to the level of the The Vohra Committee Report investigate and to take action. In Vohra’s Scandinavian countries, then the GDP submitted to the Government of India scheme of things there is little will grow by 1.5 percent and foreign about a decade ago revealed the nexus transparency and less authenticity direct investment will go up by 12 per between the unscrupulous because, unfortunately, the nation has cent. Such is the quantum of estimated businessmen, politicians, bureaucrats as little faith in the cartel of bureaucrats corruption in India. and underworld criminal gangs. They all as in the politicians. In practice, the derive benefit from such an unholy nodal group, instead of breaking the alliance. The state of affairs partially nexus between politicians, bureaucrats, The economic offences in which revealed by Vohra’s report indicated a businessmen and the Mafiosi, will generally the corporate houses, political dangerous slide towards criminalisation eventually strengthen the nexus. leaders, civil servants, individual market of the polity and consequential Subsequent events bear testimony to manipulators and underworld dons are degeneration of the social values and this kind of nexus between the designing involved are putting a severe strain on public morality. But the corrective bureaucrats and politicians. It is well the economy, as evident from various measures that Vohra had recommended known how the Supreme Court’s studies and reports. The enormities of are somewhat lackadaisical and directive (1988), authorizing enquiry non-repayment of bank loans, which are unrealistic. He suggested the formation against any official, irrespective of his in the ultimate analysis are nothing but of a “nodal group” under the Union rank, has been subverted jointly by the bank frauds, involve a staggering Home Secretary as chairman, and bureaucrats and the politicians, much to amount. At the beginning of 2004, Revenue Secretary, Chairman Board of the dismay of the Central Vigilance various firms owe over Rs 91,000 crores Direct Taxes, Director Revenue Commission (CVC) and the Central to banks and financial institutions and Intelligence, Director, Enforcement and Bureau of Investigation (CBI). This this is known as non-performing assets. Director CBI as members. The nodal order, which has since been upgraded According to Attorney General Soli J group, on receiving the information as a law, thanks to the bureaucrat- Sorabji, “almost 60 percent of the NPA about serious economic offences, will politician nexus, will shelter corruption estimated at Rs 53,777 crores are due to utilize the existing agencies for at the higher echelons of the public sector banks”. The debts that the investigation and legal action. Such an government. The most serious lacuna large firms and business houses owe to arrangement is unsatisfactory as a in Vohra’s report is that, before the banks and financial institutions is means of preventing serious economic suggesting remedy to free the polity of estimated at Rs 1,50,000 crores with crimes, investigating those crimes and unholy nexus, it has not examined the interest. With a view to facilitating promptly prosecuting the criminals. It inadequacy or otherwise of the existing recovery of the debts, the Government only bureaucratizes the process of laws and therefore has failed to suggest has brought “the Securitisation and investigation, which will certainly any measures for streamlining the law. Reconstruction of the Financial Assets reduce the credibility in the process Thus Vohra’s “nodal group” will and Enforcement of Security Interest itself. Besides, the group will be directly certainly not be an effective instrument Act” which provided for the attachment under the Government and members of for dealing with economic crimes. of the properties of borrower. But some

27 Jan - June 2004 provisions of the act have been as 5 to 6 percent only. Above all, the unscrupulous businessmen and challenged in the Supreme Court, the delay in the dispensation of justice industrialists. Changes in the criminal verdict of which is awaited. makes the entire system more an law and procedure have been effected instrument of oppression than a system from time to time but with little change The method of ascending the upholding the rule of law and ensuring in the ground situation. These changes ladder of political power itself breeds social defense. All the rules of include: corruption in India. The report of the procedure and the law of evidence are Dinesh Goswami Committee has never heavily loaded in favour of the accused 1. A few new laws have been been seriously studied, not to speak of persons. Public interest and victims’ enacted with separate making even a half-hearted effort at rights are least protected under the authorities to administer them. implementation. The report suggested existing system of criminal justice. It has These authorities have been radical electoral reforms so the failed to have a deterrent effect on the vested with preventive, legislatures are not packed with Mafia criminals, who generally command better investigative and prosecutional and musclemen, and the electoral resources and technology than the state powers, and thus a multiplicity expenditure is kept at a decent level. agencies. The general belief that crime of agencies has created When the expenditure is exorbitant, the does not pay has been proved to be problems for effective candidates are required to make money wrong in the Indian context. Crime does enforcement. while in office not merely to pay off the pay in the Indian system of criminal debt, but also to remain in power. justice at a higher rate than in many 2. Some of these new laws, while Therefore, all foreign trade deals, democratic countries of the world. defining the new crimes have purchase deals and even the big either modified the concepts of industrial concerns under the state At present we try to fit in the mens rea or dispensed with it government, are hotbeds of corruption. economic crimes within the definition of altogether. theft, forgery, cheating and As a matter of fact, in India the electoral 3. The legislature has also shown misappropriation whenever such reforms should precede the reforms in somewhat firm attitude in this activities come within the purview of other spheres. regard. Signifying a departure criminal offence. But under the Indian from the ordinary criminal law, Penal Code these crimes have a different the burden of proof in some In so far as the corruption in the concept, and they do not include the cases has been shifted from the private and public sectors is concerned, crimes of enormous magnitude which we prosecution to the accused, there is no equality in the method of find in today’s business and corporate and has allowed the trial court dealing with corruption or any other world. As a matter of fact, our traditional to make presumption of fact aberrant behaviour of their employees. concepts are inadequate to understand under given circumstances. As a matter of fact, in the private sector the present day crimes. No doubt new the terms ‘corruption’ and ‘corrupt laws have been enacted to define new 4. Denial of bail, summary trial, practices’ do not have the same crimes outside the Indian Penal Code, confiscation and forfeiture of connotation and legal implication as in but that has not changed the police property, deprivation and even the case of public sector. The private attitude to such crimes. From time to denial of civil rights have been sector does not have CVC, which though time, new procedure for prosecution has used to control economic not a part of the criminal justice system, been suggested, new evidence have crimes. has the CBI under its control. been introduced and thus almost a new jurisprudence, different in many ways Such stringency of law could not RULES AND LAWS TO CONTAIN with the existing criminal justice system, eliminate the delay inherent in the ECONOMIC OFFENCES has been created. But such changes, judicial process and the sluggishness which appear to be somewhat tentative of the investigating agencies. What an in nature, have not been quite effective eminent newspaper editorially The criminal justice system in in containing economic crimes. commented on the investigation and the country is practically in a state of trial of a case of economic offence is collapse. With as many as 30 million It is, however, not correct to state worth quoting “A truly independent cases pending trial, the inability of the that the government is totally investigative agency, coupled with a system to deal effectively with the law impervious to the threat of being fast track judicial process, is the only breakers in the society is evident. The swamped by crime in general and the way to prevent high profile conviction rate of serious crime is as low nation’s economy being ruined by the investigations and trials from

Academy Journal 28 degenerating into low utility farce. Till 5. Deterrent punishments, punitive approach by defining scams that happens, those who are involved including preventive detention (financial frauds) as a serious offence in cases being heard now will hope that of CEOs in serious crimes and as such a separate central they too may laugh at Indian justice from investigating agency should wherever crooks go after death.” (The 6. Enhance the status of investigate them. Special courts with Statesman, 5 January, 2002). surveillance, intelligence special prosecutors should try such sharing and co-ordination cases, and during trial the burden of Some encouraging judicial among enforcement agencies proof should be shifted to the accused. decisions in recent times have sought The committee has also suggested 7. Special cells in different regions empowering of the investigating agency to strengthen the system which often for monitoring, reporting and look helplessly as the white collar with increased powers of search, seizure acting expeditiously in case of criminals go on cheating justice one way and attachment of illegally obtained suspected frauds or the other. The Supreme Court in Vineet funds and properties. To deal with allegations against the employees of the Narain Vs the Union of India tried to 8. Trial procedures in Special protect the investigating agency against financial institutions, the committee courts to be simplified and recommended the formation of a unjustified political interference. This expedited action of the apex court resulted in Statutory Fraud Committee under the Reserve Bank of India. giving some degree of professionalism 9. Senior police officers are to be and independence to CBI and the trained in investigation of Central Vigilance Commission. It also serious cases reported by Of late, some serious economic crimes have exposed the vulnerability struck down the ‘single line directive’ various enforcement agencies as it encouraged corruption and of the financial regulatory institutions unfairness in the official circle. Although 10. Enact a separate criminal code such as the RBI, the SEBI, though they the Supreme Court is canvassing the for serious economic offences have been vested with enormous regu- need for deterrent punishment for threatening national security, to latory powers. Special legislation, no economic offenders, it is ‘nonetheless’ be enforced by a central doubt, has created fast track proce- doubtful whether the conventional investigating agency. dures, like special courts for trial of mind-set and practices prevailing in the serious economic offences with the criminal courts of the country have been Alarmed at the increasing number Supreme Court alone having the influenced by it. It may be noted here of bank frauds in the country, in 2000 appellate jurisdiction. But all this has that the government has since the Reserve Bank of India set up a not succeeded in reducing the delay in reintroduced the ‘single line directive’ committee to look into the legal aspect investigation or improving its standard, and the executive order is now being of the bank frauds. The committee nor is there expeditious trial of the cases. modified through an Act of Parliament. admitted that the criminal jurisprudence The end result is continuation of ram- of the country based on ‘proof beyond pant looting of public money and con- Serious bank frauds and other doubt’ is too weak an instrument to sequent erosion of public confidence in irregularities have engaged the attention control bank fraud. “Financial frauds” the rule of law. It is, therefore, imperative of Reserve Bank of India and the the committee contends, “is not an to develop and foster expertise in newer government for some time. Expert offence, in spite of the fact that the banks areas. And for that a new legal code and committees were set up from time to time and financial institutions suffer heavily enforcement machinery has to be to reform the law and policies of bank in frauds committed by the borrowers, evolved. management with a view to controlling often in collusion with the employees economic crimes. Some of the and financial institutions,… the Having been pushed to the wall suggestions are as follows: situation is becoming explosive and can due to multiplicity of economic crimes, lead to anarchy at any time, unless the the Ministry of Finance has hurriedly 1. Relax the bank secrecy laws scams are legally contained.” The created a Serious Fraud Investigation 2. Compel banks to report suspect committee has, therefore, recommended Office (SFIO) in 2003 with a view to transactions that there should be a preventive undertaking investigation of serious 3. Strictly regulate non-banking strategy of system reform by strictly fraud cases. The charter of SFIO business enforcing the regulatory measures and includes (1) it will detect and prosecute 4. Make financial frauds, insisting on a compliance certificate from or recommend prosecution of white including money laundering, the banks and financial institutions. collar crimes/frauds. (2) The SFIO will serious crimes Besides, the committee recommended a take up investigation of :

29 Jan - June 2004 a. those complex cases, which off unbelievably huge amounts from the on records, and then trying to determine have inter-departmental and public exchequer, the crash of the whether the case has been proved multi-disciplinary ramifications. financial and public saving institutions ‘beyond reasonable doubts’, an and the resultant crisis in the expression, which in ultimate analysis, b. cases with substantial developmental programs are no less is more subjective than a practicable involvement of public interest, dangerous to the security and stability proposition. The courts are happy when to be judged by the volume of of the nation. Besides, some economic the defense lawyer creates some doubt, monetary misappropriation or crimes are directly linked with terrorism and an escape route in the form of an by the number of persons like narcotic crimes and multi-million acquittal is provided. The judge simply, affected dollar gun running business. Moreover, has to establish the doubt as a c. The possibility of investigation some underworld dons boost terrorism reasonable one and after that the leading to or contributing by contributing to the coffer of the inevitable course of justice is acquittal. towards a clear improvement in terrorists in consideration of their In suggesting some kind of paradigm systems, laws and procedures patronage. The economic crimes, shift in the criminal trials, the Malimath therefore, should be dealt with equal Committee has stated, “The Committee The order that launched the SFIO firmness and to achieve that objective, has given anxious consideration to the has created a Coordination Committee there should be laws and procedures to question whether this system (the under the chairmanship of the Secretary measure up to the economic criminals adversarial system of criminal justice) is DCA, with Chairman SEBI, Chairpersons who are monetarily and politically more satisfactory or we should consider CBDT and CBEC, and Directors, CBI, powerful than the terrorists. Therefore, recommending any other system... . The Revenue Intelligence, Enforcement and the Malimath Committee, set up to inquisitorial system is certainly efficient SFIO as members. They will decide on reform the Criminal Justice system, has in the sense that the investigation is the cases to be investigated and also stated that there is a crying need to deal supervised by the judicial magistrate, after the investigation, decide on the with economic offences (including some and this results in high rate of prosecution. cyber offences) as a special category of conviction. The committee on balance offences and they have to be dealt with felt that a fair trial and in particular Besides, the SFIO will have an not only in a manner different from other fairness to the accused are better advisory body consisting of experts crimes but will also a group of highly protected in the adversarial system.” So from various financial institutions and trained experts with sufficient powers the Committee decided to make an investigating agencies, which will also and resources to handle them.” Clearly amalgam of the two – retaining the act as the expert investigating team. The the existing laws and investigating adversarial system but grafting “some SFIO has little difference with Vohra’s agencies are not adequate in the of the good features of the inquisitorial ‘nodal group’ because it (SFIO) is also reckoning of the Committee. system” to make it more effective. This directly under the control of the include the duties of the court to search government and to that extent its In setting aside the acquittal and for truth, to assign a proactive role to credibility will be a suspect. There is no ordering a retrial of the notorious Best the judges, to give direction to the th guarantee that the impartiality and au- Bakery Case of Gujarat on 12 April, 2004 investigating officers and prosecution tonomy of the investigating unit will be the Division Bench of the Supreme Court agencies in the matter of investigation protected. has said, “We do not think it necessary and leading evidence with the object of to highlight all the infirmities in the seeking the truth and focusing on justice judgement of the High Court or the to victims.” Thus the trial courts will not REFORM OF THE CRIMINAL approach of the trial court, lest nothing be passive onlookers merely scanning JUSTICE SYSTEM credible or worth mentioning would evidence to trace ‘doubts’ in the remain in the process … . This appears prosecution case; on the contrary, they Terrorism, both internal and to be a case where truth has become a will join in the quest for truth, “which cross-border, has been the prime casualty in the trial.” shall be the fundamental duty of every concern of the Governments since long court.” as the enormity of violence makes big headlines in the newspapers and the It is quite encouraging to note that television channels beam the gory the Supreme Court is now clearly 2. The Malimath Committee has details right into our drawing rooms. The underscoring that truth is also one of recommended recognition of victim’s problem deserves careful and vigilant the concerns of the trial courts. right to participate in the criminal trial, attention. But the persons who are Normally, the courts in criminal trials which will “inter alia include, to produce bleeding the country white by siphoning are engaged in scanning the evidence evidence oral or documentary with leave

Academy Journal 30 of the court, to ask questions to the few administrative measures, such as regarded as seriously as criminal witnesses” at the time of trial. Besides, the creation of a mechanism by name offences. We have to look at our laws in “victim’s compensation in all serious “Serious Fraud Office”, to be the liberalized environment. If people crimes” as suggested by the committee established by an act of Parliament with can get away with economic offences, in case of financial frauds will act as strong provisions to enable them to then we cannot run a liberalized deterrent. investigate and launch prosecution economy.” He also stated that the promptly. “To inspire confidence of the Finance Ministry would look into 3. All the changes and people and ensure autonomy,” the judicial arrangements to deal with laws modifications in the criminal justice Committee recommended that the dealing with economic offences. A system suggested by the committee will Chairman and the members of the seminar attended by Union Ministers facilitate the investigation and Serious Fraud Office should have fixed of concerned departments suggested prosecution of the serious economic statutory tenure. The committee also enactment of an Economic Offences crimes. They are: recommended that the state Code, which will identify, segregate, governments should set up Serious classify and consolidate, what are called a. Confession before the police Fraud Offices; but they should be serious economic crimes now spread officers should be admissible in sanitized from political and over 30 or more economic criminal economic offences. administrative influences. statutes and the Indian Penal Code. b. Accused’s right to silence may Accordingly, an Economic Offence be disallowed and in case of The Committee recommends the Code is now under preparation in the silence, the court may take strengthening of the economic National University of Juridical adverse presumption in case of intelligence, induction of state-of the- Sciences, Kolkata. In the meantime, the silence. art technology, adoption of a common Government of India has taken certain c. The probative value of scientific preventive strategy and closer measures to strengthen the legal and evidence may be enhanced, and coordination between the national investigating apparatus against the burden of proof may be authority, the SFO, the intelligence economic offences. As noted above a shifted on to the accused. units, etc. Serious Fraud Investigation Office d. Corporate criminal liability (SFIO) has been set up under the should be clearly defined and The Indian laws should be made Department of Company Affairs of the spelt out and the provision for compatible with the foreign laws in this Union Ministry of Finance in 2003. A adequate punishment in regard. draft legislation to give a sound legal corporate crimes should be status to the SFIO is now pending. made. The responsibility of recovering e. Corruption in the enforcement assets should be given to a new The Malimath Committee submit- and investigating agencies agency called the Asset Recovery ted its report in 2003. The should be put down with a Agency, which will reduce the recommendations of the Committee drew heavy hand. workload of the trial judges and a howl of protest from the vested interest f. It is necessary to protect and streamline the judicial process of in the legal community, its recommenda- encourage whistle blowers in forfeiture and confiscation. tion of a paradigm shift in the role of the economic offences. court from the position of a passive g. In select economic crimes ‘plea According to the Committee, a onlooker to a seeker of truth is likely to bargaining’ in a transparent and law should be enacted to protect adversely affect the unscrupulous legal institutionalized manner may be informers, covering major crimes. practice. The simplification of allowed. investigating and trial procedures is also NATIONAL ECONOMIC OFFENCES strongly resented. In the teeth of such These are some of the CODE opposition, the Government of India has suggestions of the Malimath Committee presented a Criminal Law (Amendment) Report intended to tone up the entire Formation of a comprehensive Bill, 2003 (Bill No. LX of 2003) in the line criminal justice system in general; but Economic Offences Code has been of the Committee’s recommendations, the impact of these changes will be felt thought of at the higher echelons, of the but not fully in consonance with them. more on the economic crimes. administration during the last several It is yet to be passed into a law and it is years. In April 2002, the then Union only likely that there will be strong Apart from changes in the law and Finance Minister said in a seminar in lobbying for sending the bill to the cold procedure, the Committee suggested a Delhi, “Economic offences are still not storage.

31 Jan - June 2004 FRAMEWORK OF THE enforcement agencies for action against Thus, new areas may be PROPOSED CODE economic offences. incorporated within the supervisory authority of the code by Parliament by A. Definition of Economic Offence and creating new economic offences. These prominent establishments Substantive Laws in the Code Besides certain changes in the Company apart, there are as many as more than Act, the responsibility of the Auditors thirty Acts, which have created new At present no single agency deals should be put under scanner and economic offences and for many of them with the whole spectrum of economic suitable changes introduced. Similarly, remedial measures have also been offences. In fact, there are as many a few sections of the Indian Penal Code suggested. All these offences are to be enforcing and investigating agencies as such as 379, 381, 407 to 409 may be recast incorporated in the proposed Code. It is there are departments dealing with in view of the enormity of offences under not necessary to try to chisel out an all- economic offences. these sections, so that the perpetrators inclusive definition of economic do not get away with a light punishment. offence. Instead, it will suffice to say The Police and the allied agencies that economic offences are those, which B. Law of investigation and prosecution like the Central Bureau of Investigation have been defined as such in these acts (CBI) and the Enforcement of the State incorporated in the code and also those It has been discussed above that Police deal with economic offences offences, which Parliament may create the changes recommended by Malimath under the Penal Code or under the state from time to time. Committee in the Evidence Act, Criminal laws, which specially empower the Procedure Code and Indian Penal Code Police to take cognizance and As a matter of fact there cannot for improved criminal justice investigate. The CBI has created an be a standard and inflexible definition administration may be accepted and Economic Offences wing in 1994 to of economic offence. In a volatile social adopted as the investigation, concentrate on the investigation of the and economic scenario, new areas of prosecution and trial procedures in economic offences alone. clandestine and unlawful economic economic offences. Since certain transactions may crop up and new types provisions of the law relating to the There are other departmental of irregular activities may emerge. They Prevention of Terrorist Activities enforcement, investigating and may not come within the description of (POTA) and Maharastra’s Control of intelligence agencies, which deal with any offence now in vogue. Parliament Organized Crime Act are applicable in economic offences as defined by the law may then be obliged to declare them as case of economic offences, they may be of the respective departments. The economic offence. A few such instances discreetly used to strengthen the Central Board of Excise and Customs may be relevant here. investigating process. (CBEC), assisted by the Director General C. Institution to administer the Code of Revenue Intelligence (DGRI) and the International purchases by the Director General of Anti-Evasion government from the governments or big 1. The Code of Authority (DGAE) deals with the evasion of foreign companies or trade agreements The Act of Parliament will create customs and excise duties and other are often plagued by under-the-table an Authority to enforce the Code, an malpractices in this regard. The Central deals of crores of rupees. A investigating agency to investigate the Board of Direct Taxes (CBDT) parliamentary committee is required to offences, a prosecuting agency to administers Income Tax Act and other endorse the deals, but that is an prosecute the offenders and fast track related matters and takes cognizance of inadequate safeguard against trial courts to try and punish them. Both their violation, while the Enforcement corruption. Overseeing such deals the investigating and prosecuting Directorate administers the Foreign should come within the charter of duties agencies will be under the control of Exchange Management Act along with of the code, and the authority by the Authority. It will consist of three or five collection of intelligence in this regard. code, should monitor all such purchases members and will be headed by a sitting The Narcotic Control Bureau (NCB) and agreements, and when necessary or retired judge of the Supreme Court administers the Narcotic Drugs and investigate. with a reputation for honesty and Psychotropic Substances Act in integrity. Other members, each of them cooperation with various departments Payments made by industrialists with reputation of impeccable integrity of the state and the central and businessmen to political parties and may be appointed from All India governments. The Central Economic leaders and the election expenditure of Services, Central Services, from the High Intelligence Bureau (CEIB) is an the party and candidates should also Court judges, Academicians and social umbrella organization providing come within the overseeing authority of workers. The modality of appointment intelligence to all investigating and the code. may be similar to the one followed in

Academy Journal 32 case of appointment to the National which the loss to the public rank of Member, Board of Direct Human Rights Commission. The exchequer is to the tune of Rs 50 Taxes. Authority will perform the following crores or more. tasks: iii) Other officers may be drafted iv. The Authority will protect the according to necessity. i. It will not take over the independence and impartiality of 3. Prosecuting Agency responsibility of all the institutions the investigating and prosecuting created by the laws in force. It will agencies by effectively insulating In appointing a set of prosecutors, oversee the enforcement of laws it from extraneous influence in the rules and modalities followed by the and regulations on economic discharging their duties. Central Bureau of Investigation may be offences by respective agencies v. The Authority will submit annual followed. The agency will function and departments. They will report to the government. It will be under the control and direction of the monitor the developments and mandatory for the government to Authority. scrutinize the results. The Code will place it before Parliament. empower the Authority with the 4. Special Courts power of overseeing and 2. Investigating Agency Four Special Courts may be set up monitoring and also to call for in four metropolitan cities, namely, Delhi, reports as and when necessary. i) The Code will provide for an investigating agency under the Kolkata, Chennai and Mumbai. ii. The Authority will take over the Authority for investigation into Each Court may be headed by an investigation into the cases where the cases taken over by the officer of the rank of District Judge of there are complaints of irregularity Authority. unquestioned integrity. However, there or negligence from the respective ii) It will be headed by an officer of may be three judges bench in place of agency. the Indian Police Service of the one Judge for better scanning of iii. The Authority will take over the rank of DGP or an officer of the evidence and for guarding against investigation of the complaints in Indian Revenue Service of the human errors.

Every prophet and every saint hath a way but it leads to God : all the ways are really one

- Jalal - A din Rumi

33 Jan - June 2004 NEW DIMENSIONS TO POLICE LEADERSHIP

Though the Indian Police has country. This calls for vision, determination and commitment of a high acquitted itself creditably over the years order, which have generally been the in successfully tackling complex and hallmark of the police leadership in the grave problems threatening not only the country. It is while articulating and peace and tranquility of the society but responding to the grave challenges also its integrity and national security threatening the Indian Police and the and has developed an enviable Indian society that we get glimpses of professional expertise in multifarious certain dimensions of police leadership, aspects of police functioning, it is which are unique, innovative, new and presently facing certain serious an effective counter-poise to the challenges, which call for urgent malaise afflicting the Indian Police and attention and suitable responses from the Indian polity in which it functions. police leadership.

2. We need to identify these serious 3. The problems presently faced by the challenges and problem areas faced by Indian Police are complex and at times the police today and plan effective and suffocating and they threaten the timely counter-measures. The planning professionalism of the police and the and execution of these counter- survival of the society at large. We got measures is the task and responsibility definite indications of this malaise in of the top police leadership of the recent times in terms of the Emergency

Academy Journal 34 excesses, the 1984 anti-Sikh riots, the turned politicians and the nexus of within the police leadership itself rise of terrorism of different hues, and politicians with crimes of different because it is the police leadership which most recently, the Gujarat riots. Failure varieties are the harsh reality of today. stoops and crumbles due to its own to defuse explosive problems in time by Failure to enforce the National Police infirmities. Rising above such infirmities the police leads to prolonged and Commission recommendations to is the crying challenge to police immense suffering for the people of the insulate the police from interference in leadership. country, protecting whom is the very its day-to-day functioning by the rationale for the existence of police. The political leaders in power has brought 8. Thus, police leadership has to top police leadership itself is plagued the police to such a situation where quite function within the system till it is with a crisis of profound proportions often the criminals are calling the shots changed for the better, which may not which is threatening the police’s through the politicians and preventing materialize in the near future. Hence, it is commitment to the rule of law and its the police from doing its duty fairly in for the police leadership to come out with professionalism due to multifarious accordance with law. This is a situation innovative and practicable initiatives to extraneous forces that have come to which needs to be taken serious note of protect and promote police stifle various aspects of police by not only the top leadership of the professionalism. This is the prime duty functioning. The standing and authority police but by the society, leaders and of the police leadership. A new breed of of the top police leadership is getting media at large as it can spell disaster for highly educated, suave and techno- badly eroded which has started the country unless emergent remedial savvy young politicians are also seriously affecting their control of the measures are thought of and entering politics. The police leadership huge forces at their command, their implemented. should be able to take advantage of this discipline, their morale, their ethics and to advance its professional interests they very ethos of the police which has 7. It is the police leadership which is while also gearing itself to match their hitherto seen us through trying times. facing the brunt of this problem vis-à- dynamism and energy. vis the politicians, especially those in CHALLENGES POSED BY THE power. Nobody will be get concerned 9. Another area in which police RAPIDLY CHANGING POLITICAL with this problem and do anything about leadership can devise and SCENARIO AND THE EXTRA- it unless the police leadership first gets institutionalize suitable measures and NEOUS FORCES STIFLING seized with it, understands its sinister systems to not only protect POLICE FUNCTIONING dimensions and projects it in every fora professionalism but also to promote possible. Unless the police leadership welfare of police personnel is the one 4. Police is ultimately answerable to the develops awareness about it and relating to transfers and postings, which people, whose protection is its sacred educates all concerned about the is the prime instrument in the hands of duty. Police is answerable to the people extreme dangers of playing with the rule politicians to make the police do its through the effective enforcement of the of law and those entrusted with its bidding. Police officers of different ranks rule of law. Police is answerable to the enforcement, who else will. We still have are authorized to make transfers and law of the land through the courts to very many men and women of postings of defined ranks. Police officers whom it reports. Police is also reasonable integrity in our political often yield to the unwritten dictates of answerable to the representatives of the system who can understand and the politicians and abdicate their people in our democratic polity and the appreciate the crying needs of the police powers. There is often murky and government in power whose to function independently, freely and stinking corruption in all this. All this responsibility it is to ensure peaceful impartially. Many instances can be cited makes the police utterly incapable of living conditions for the people. where political leaders in power have delivering the goods especially when worked in unison with the top police faced with serious problems. Discipline 5. Peaceful living conditions for the leadership in preserving and promoting is lost, hierarchical control is destroyed people means effective crime control its professionalism and fair functioning. and there is no way the police leadership and maintenance of law and order by The need of the police leadership is not can deliver the goods and enforce the strict enforcement of the rule of law. only to constantly endeavour to bring law in such a situation. Hence, the police There is no other way of ensuring about changes in the system which can leadership must stand firm and fight the peaceful living conditions for the public safeguard police professionalism but erosion to its authority tooth and nail if in which they can grow and develop. also, till such a change is accomplished, the police forces of the country have to to work with determination within the be saved and if the larger good of the 6. The rapidly changing political existing system to protect and promote public has to be ensured. Further, when scenario in the country, the emergence police professionalism. The greatest transfers are sought on legitimate of self-serving politicians, criminals danger to police professionalism lies grounds, the police leadership must

35 Jan - June 2004 devise systems to ensure that these are due to falling standards of integrity or leadership must not allow the problems granted fairly and in a transparent of professional skills. Suitably devised to grow to terrible proportions but defuse manner and there should be no need for training courses and on-the-job training them at the initial stages. No interference such police personnel to think of is also the responsibility of the police of any kind in the professional police approaching the politicians. Where leadership, to which it must respond. work relating to terrorism/extremism transfers are done on firm administrative must be allowed by the police leadership grounds, it must be made sure by the and the rule of law must be upheld. CHALLENGES IN TACKLING police leadership that no amount of TERRORISM AND EXTREMISM political pressure succeeds in undoing OF DIFFERENT HUES CHALLENGES IN COMMUNITY it, and there should be effective systems POLICING in place to deter police personnel from 12. India has been having more than its approaching extraneous authorities. fair share of terrorism and extremism of 14. Society has created the police for its different hues. A lot of it has been protection. The members of the public tackled successfully all over the country have great stakes in the police performing CHALLENGES POSED BY and even defused completely through their duties effectively and are ever FALLING ETHICAL STANDARDS skillful handling of the highest order. Yet, willing to contribute in this in whatever AND PROFESSIONALISM the problems are not over. way they can. Not only must police 10. Basic police work is failing. Fundamentalist terrorism and left wing understand that members of the public Standards of investigation are falling. It extremism is still a major problem in the are the ones whom they have ultimately is corruption which is increasingly country. Such terrorism/extremism has to serve through the efficient eating into the vitals of police national and international ramifications performance of their duties and the professionalism. Police leadership and has links with other organized enforcement of law but also that there is needs to get seriously concerned with crimes of different varieties such as vast potential help available in the it and constantly take deterrent narcotics trade, counterfeiting of community itself, which it must tap. It is measures coupled with training and currency, money laundering, human the police leadership which has to show close supervision to check this menace. trafficking, etc. the way as to how the willing This is one of the prime responsibilities cooperation of the public can be elicited of the police leadership, whose task it is 13. The ever newer dimensions of in tackling problems, be they be of to ensure that justice is done to the terrorism and extremism need to be communal riot situations or outbreak of common man and the criminal is constantly understood, analysed and conventional crime. A lasting solution punished. It is also the duty of the police data bases built up on systematic/ to most such problems can in fact not be leadership to ensure that the criminal scientific lines so that a proper back-up achieved without the active cooperation justice system is not allowed to collapse of information, constantly updated, is of the public. though the judiciary is also equally available. Fighting terrorism calls for responsible. But the police leadership skills of the highest order and 15. Community policing has become a must do its bit because controlling crime appropriate responses from the higher growing subject of great topical interest. and criminals is its primary task. police leadership. The greatest danger Police leadership needs to imbibe the in fighting terrorism is violation of spirit behind the concept and effectively 11. Constantly improving and human rights which strengthen the disseminate the message to all ranks of strengthening police systems is another forces of terrorism and create a vicious the police. It is the responsibility of the primary task of police leadership, circle in which the public is the greatest police leadership to ensure that the especially at the highest levels. Well sufferer. Police leadership has to show policemen who come in contact with the formulated systems can facilitate easy the way as to how terrorism can be public adopt such a helpful and humane monitoring of police work and reduce fought successfully and defused approach that the image of the police in the chances of misconduct. They can permanently without any human rights the eyes of the public is enhanced and contribute to preventing corruption and violations. In today’s world when the feelings of trust and confidence towards enhancing professionalism, achieving awareness about human rights is the police are strengthened, which in turn higher standards of investigation, etc. growing and we have Human Rights can make law enforcement a much easier The police leadership must be Commissions at the national and state task. These new dimensions of policing constantly alive to this challenge and levels, it is of utmost importance that have to be given life to by police constantly evolve well thought out police leadership shows the way to its leadership. If the police works in isolation counter-measures to ensure that there subordinates and strengthens the and has a poor image amongst the is no compromise with the rule of law investigative machinery. The police public, it is the police leadership to blame,

Academy Journal 36 which must relentlessly work to rectify police leadership has not only to acquired and put to right use. This calls the situation. One police leader in a constantly sensitize itself and its ranks, for a complete involvement of higher district can convert a hated police into a about the latest sophisticated tools in level police leadership in constantly loved one. the hands of the criminals so that planning for the future. intelligence can be collected about them and investigations can be suitably TECHNOLOGICAL CHALLENGE CONCLUSION geared but also that suitable initiatives TO POLICE LEADERSHIP are taken to continuously upgrade the 17. A better working environment can 16. The twenty first century is the era of equipment available with police so that best be created by an enlightened science and technology, which has it can effectively match those available leadership, fully aware of the growing changed the way we live and has with the criminals, and also utilize the dimensions and complexities of modern affected mankind in all facets of life. The same in an optimum manner in police work. The police leadership advances in science and technology discharging its multifarious duties in needs to effectively respond to every have also placed superior tools in the different aspects of policing. such dimension. This calls for true, hands of the criminals, who Modernization grants given by the honest and selfless work of the highest consequently become more lethal, more government can be effectively put to order from the police leadership of precise and more difficult to catch. The use only if the right equipment is today.

Do not occupy your precious time except with the most precious things, and the most precious of the human things is the state of being occupied between the past and the future

- Ahmad bin Isa al-kharraz

37 Jan - June 2004 COMMUNITY POLICING

Ashish Gupta & PM Mohan

The police has been Realization has also dawned that the public order, as also security the entrusted with the task of controlling police had been providing, was not what crime, maintaining order and providing the community perceived or even security to the society. Over the years, wanted. Unlike the police, which seeks reacting to crime has been the standard to provide security by controlling for the police. The conventional police heinous crimes, the community may strategy has been “incident driven”. The actually be viewing security from a phone rings – a victim or bystander calls different point of view like moving out to report a crime and the police responds with their family members on the road by recording information relevant to the with full sense of personal dignity, crime and then takes steps to solve it. fearlessness and confidence. However, now it has been realized that fighting crimes that have already been committed are proving ineffective in Police practices currently in reducing crime. It is true that criminals vogue have isolated the police officers have to be caught and have to be from the very communities they wish to punished but police organizations are serve. The emergence of “Community beginning to understand that quality of Policing” as a concept was to address life would be so much better if crime the elements related to all the aspects could be prevented rather than of providing security, reducing crime “treated”. and maintaining order in the community.

Academy Journal 38 COMMUNITY POLICING policing” which increases the 2. Would not this concept dilute community’s satisfaction. It means fear element which is As the phrase ‘Community increased job satisfaction, self-esteem, understood as so necessary for buffeted support to police resources effective policing? Policing’ goes, it is community first - and prioritization of services from the significance given to the role of police point of view. 3. Will it have an adverse bearing community in defining and guiding the on police professionalism? police in their localities. It encompasses DEFINITION OF COMMUNITY and addresses to this basic question as 4. Will it not curtail the discretion POLICING to “who defines what order is to be and thus undermine the authority and power of the maintained and whose is to be “Community Policing is an area policemen? maintained?” specific proactive process of working with the community for prevention and 5. Will this concept not reduce the Community Policing is based on detection of crime, maintenance of scope of corruption, which is the democratic principle that “anyone public order and resolving local presently a vested right at who exercises authority on behalf of the conflicts and with the objective of various levels in police community (like the police) is providing a better quality of life and department? accountable to the community for the sense of security”. exercise of that authority”. 6. Is Community Policing concept a practically feasible It is to say that Community IMPEDIMENTS TO COMMUNITY proposition? Policing concept stresses policing with POLICING 7. Would it not overburden the and for the community rather than Public view - policing of the community. police as it is already attending to multifarious tasks with In Community Policing, the main scarce resources? The Community Policing philosophy frees the police from the elements are partnership, problem 8. Challenges, dilemmas, fears, image of being faceless and removed solving, preventive policing and pro- perceptions and realities of from the public in order that the police active policing. To incorporate all these shifting police emphasis and officers can maintain direct, face to face elements, willingness and active roles that individual officers contact with people in the same defined participation of the community and its play within Community Policing geographic beat (area) every day. members are very crucial ingredients. is best illustrated by Robert R. Community Policing is an active and The main inhibiting factor in preventing Friedmann as - equal partnership between the people from coming close to the police community and the police where the is mainly its poor image. Most members “During the yearlong Israeli police and the people work together. It of the society think that the police is experiment in Community Policing is a pro-active approach where, with the not available and not accessible when (1983/84), the neighbourhood police help of the community members, the they need them the most. Even if they officers were closely monitored. They police identifies the problems and are available, they are perceived to be were frequently debriefed of their concerns of fear of crime and puts discourteous and insensitive to the experience in and perceptions of the preventive measures in place with the community’s needs. Generally, the project’s progress. All officers were help of “people it wishes to serve”. It is public are not very comfortable with the veteran car patrollers with many years to be clearly understood that Community police outfit and do not feel welcomed on the force, most had supervisory Policing is area specific and each by them. experience, and most were sergeants or community will have to evolve its own Police view – sergeant majors. Yet these officers ‘were mechanisms to improve the quality of volunteered’ to become neighbourhood Community Policing, as a concept, life in the neighbourhoods. The police officers and initially displayed poses many a problem to the police practices will have to be continuously displeasure and even resentment. This personnel. On a continuum it can be evolved, assessed and modified as and reflected, more than anything, their fear graded from skepticism to total when need arises. of the unknown as they entered a new opposition. These are the posers: role they were not sure how to handle. Community Policing envisages to 1. Will adoption of Community One officer probably expressed the bring about reduced incidence and fear Policing concept relegate basic sentiment of his peers when he said that of crime through effective “partnership policing? “… this is not a job for real officers,

39 Jan - June 2004 this is a job for sissies”. After the project involvement of school children in road decrease. It will not in anyway was well under way, that same officer safety patrols, but a long-term strategy undermine the authority of the was asked in one of the ensuing to develop a partnership with the people. policeman, rather, community debriefing sessions to describe his It takes a long time, effort and patience policing envisages wider scope progress in some detail. He, as did his for it to take roots and succeed. It calls for policemen to discharge their peers before and after him, provided a, for a total change in the mindset of the responsibility to the society. rather lengthy, detailed, and police throughout the entire This form of policing will enthusiastic account of the ties he, organization and, therefore, requires the certainly enrich and empower successfully established with block and long-term commitment from the top the cutting edge level of police neighbourhood associations, with leadership for such change. officers giving an opportunity volunteers, with several PTAs, and with to them to attain high levels of individual residents on his beat Most importantly, the philosophy self-esteem. (section)who now recognize him and must pervade the entire police receive him well. organization and, over a period of time, • Main thrust area still the same, everyone in the organization should be professionalism would not get adversely affected, rather He even entered into a tirade trained in the basics of community increased accountability to the against his (former) fellow car policing. The skepticism and public will enhance it creating patrollers whom he accused of being apprehensions enumerated above will higher levels of opportunity to inconsiderate when entering the have to be dispelled so as to achieve respond positively and neighbourhood for purposes of full commitment to the concept. They effectively. detaining suspects and arresting have to understand that: people. This because they then leave it • The assumption that • Of course, Community Policing to the neighbourhood officers to ‘pick will reduce scope for corruption up the pieces’ in the aftermath. The community policing is opposed to basic policing is fallacious – but then it is a highly officer was clearly talking about ‘they’ desirable scheme of things. in reference to car patrollers, ‘us’ in because the two are not contradictory but Slowly as the policemen will reference to the neighbourhood realize that Community Policing officers, and ‘ours’ in reference to the complementary as the basic task of the police still remains will make them empowered, neighbourhood residents and its loved and accepted, this aspect geographical boundaries.” the same, i.e., crime prevention and maintenance of public will reduce in significance. order. In fact, community With all the inhibitions of the policing and basic policing Trust of the public is a necessary members of the community and also the strengthen each other. ingredient for Community Policing to apprehensions of policemen, operate in its full glory. This will come Community Policing, as a concept and • The premise that fear of police about if and only if the police officers practice, has an appeal which cannot be is an essential element for set their basic policing right. They will discarded because of its umpteen effective policing is based on have to learn to be courteous, symbiotic advantages both for the flawed logic and is a legacy of professional, empathetic and service community members and the police the colonial and feudal oriented. They will have to do their personnel. It is the only vehicle which thinking. Love and regular job without fear or favour, with can provide desired services to the understanding attitude will truthfulness as the cornerstone and community and job satisfaction to the bring about more cooperation guiding principle in their work. They members of police. and trust for ensuring order. will have to change their attitude to • In Community Policing, the work and their interaction with the community resources will be REQUISITES OF COMMUNITY public. Community Policing requires made available to the police, POLICING – that the police should consciously thereby reducing their burden strive to create an atmosphere in which once the participative potential community partners are ore than anything else, it M relationship develops. willing and able to cooperate with the must be realized that Community • The discretion of the police. Training methodology will Policing is not a programme, but a subordinate police officers in need a change with emphasis on philosophy. It is not a set of dis-jointed the Community Policing attitude, communication skills and schemes like ‘neighbourhood watch’, or, concept will increase and not service orientation.

Academy Journal 40 It would also require new systems in fact the rise in reports may be an perceive the community police officer as of performance evaluation. Evaluating indicator of a success in improving a community liaison officer. crime prevention strategies such as relations. Community Policing is more complex If all the above are done to than traditional assessment of law perfection then the public will not Community Policing require the perceive Community Policing efforts as enforcement based on crime registered, senior echelons of police leadership to convictions, etc. Evaluations will have an exercise on the part of the police trust their subordinate police officers. department to transfer some of their to be mostly collective and will have to They will have to develop the maturity consider the level of community burden to community or as a mere public to delegate, to have faith in the relation exercise. satisfaction, fear reduction and other subordinates and provide them with less tangible products of improved autonomy, independence and authority Rome was not built in a day. Even community relations. In some cases, the to decide local issues along with in countries from where this concept number of crimes reported to the police maintaining accountability. owes its genesis, it has taken a decade may increase following the introduction or more to set in. We will have to discuss, of Community Policing as a result of Community Policing would also deliberate, conceptualize, practice and increased community-police dialogue require a change of attitude on the part evolve our own system of Community and trust, creating the statistical of the other public organizations, Policing with full dedication, sincerity appearance of an increase in crime, when namely, the local bodies which should and perseverance.

The past must no longer be used as an anvil for beating out the present and the future

- Paul-Emile Bordaus

41 Jan - June 2004 TRAINING AND NON-TRAINING METHODS FOR CREATIVITY AND LEADERSHIP DEVELOPMENT IN POLICE

Dr AK Saxena Avantika

Creativity is defined as the ♦ The ability to associate remote ability to generate new and useful stimuli in the environment with ideas. It is the insightful rearrangement elements in the mind and combine of known information and it deals with them into new and unusual ideas; getting ideas. ♦ The ability to keep an open mind and see new perspectives; How do we do it ? Is it by free association, intuition, meditation, ♦ The ability to generate many ideas; “remote associations” ? Who knows ? ♦ The ability to adopt many different We are still quite ignorant about how problem-solving approaches; the brain functions. But it is fortunate that it works so well. ♦ The ability to generate a variety of really different ideas; Though the debate over whether The ability to develop ideas; creative abilities are inherited or ♦ acquired through training is ♦ The ability to generate infrequent unresolved, it is a well-acknowledged and uncommon ideas; fact that creativity has a very important and prominent role to play in the police ♦ The ability to hang in there when functioning. Consider the following going against consensus and to be important creative skills. persistent in the face of criticism.

Academy Journal 42 Table - 1 Subject Matter Coverage on Leadership and Creativity

State Subject Matter on Creativity Subject Matter on Leadership Rajasthan - A topic on `creative thinking’ For Dy S.P. level some topics are is being covered for Dy S.P. being covered at length. level trainees only. For lower ranks, no coverage of topics - For SI/Inspector Level- No inputs are being given Tamilnadu Nil For Dy S.P. level some topics are being covered at length. For lower ranks, no topic coverage West Bengal Nil For Dy S.P. level some topics are being covered at length. For lower ranks, no topic coverage .

Maharashtra Nil For Dy S.P. level some topics are being covered at length. For lower ranks, no topic coverage Table - 2 Consolidated recent research findings on the use of Training Methods in Developing Creativity and Leadership

Method Use of Method in Comments Training 1. Case-Method To some extent Most desirable after training the faculty in its use. 2. Simulated Exercises To a very limited extent Most desirable after training the faculty in its use. 3. Brainstorming Method Not at all Training in creativity methods to the faculty is necessary. 4. Role-Playing Method To a very limited extent Train the faculty in behavioural processes and role playing 5. Project Work To a very limited extent More use is recommended. (unstructured) 6. Individual and Group Not at all To be inducted in in-service training. Experience sharing 7. Field work To a great extent Structure is to be provided through (but unstructured) effective planning, implementation and review mechanisms. 8. Hands on Experiences To a great extent Better structure is to be provided. (attachments in field) (but unstructured) 9. Problem-Oriented To some extent Most desirable method. Research for Exercises identification of exercises is necessary. 10. Training films on To a very little extent May be shown from time to time. Creativity and Leadership 11. Exposure interactions to Eminent people from all walks of life to the eminent personalities. be invited for interacting with the (a) Police Officers. trainees for better exposure to concepts (b) Others and practices. To a considerable extent

To a very little extent 12. Tutorials To a very little extent SVP NPA practices may be followed. 13. Guide Scheme To a very little extent SVP NPA practices may be followed. (Counselling) 14. Use of Psychological/OB Not at all SVP NPA practices may be followed. tests for giving feedback on Creativity and Leadership. 15. Discussion on Best To a little extent NPA’s books on Best practices may be Practices in Policing used. Training institutions may develop literature on ‘Best Practices’ in various domains of police work in their respective states for training purpose.

43 Jan - June 2004 Only few of the creative skills listed Institutions to enhance leadership and NON-TRAINING INTERVENTION above seem to be inheritable; instead, creativity in SI & DySP level police FOR CREATIVITY AND most seem learnable. Most people can officers in training is reported. LEADERSHIP DEVELOPMENT learn to be more creative. Use of experiential learning based methodology is very less. These Creativity and leadership methods develop creativity and After discussing with the Senior development in police are very neatly leadership competencies very and intricately interwoven. An analysis Police Officers, following findings were significantly. One of the reasons for of how training methodology in police arrived regarding the use of non-training less use may be that the faculty of training institutions would enhance organizational developmental intervent- these police training institution is not leadership and creativity has been ions for developing leadership and very well versed with the training conducted by thoroughly examining the creativity in SI/SHO and DySP level techniques. contents of various training programmes officers. being conducted in Police Training Institutions in randomly selected States. Table - 3 Leadership and creativity Discussions with Management of Training Participants development takes place when varied of DIG and above level officers topics contained in curricula are covered Use of Non-Training Methods for Leadership and Creativity Development extensively through experiential learning methodology. In this study the nature and extent of the use of training and Extent of use for Leadership Extent of use for non-training methods for leadership and Non-Training Intervention Development Creativity Development. creativity development were also 1. Research and Development Not at all Not at all examined. Activities. 2. Challenging Assignments To a considerable extent To some extent CONTENT ANALYSIS 3. Counselling Techniques To a very little extent To a little extent 4. Coaching To a great extent To a considerable Syllabi of various training extent. programmes being followed in various 5. Job Rotation To a considerable extent To a very little extent police training institutions of sample states were studied. The findings are 6. Rewards To a considerable extent To a great extent reported in Table 1. 7. Meetings To a considerable extent To a little extent 8. On-the-job Training To some extent Not at all DISCUSSION 9. Potential Appraisal To a considerable extent To some extent From Table 1, it is evident that 10.(i) Mentoring Not at all Not at all (ii) Delegation To a very little extent training curricula in Tamil Nadu, Rajasthan, West Bengal and 11. Participative Management To some extent To a little extent Maharashtra did not cover ‘Creativity’ 12. Team Building Mechanisms To some extent To a little extent and ‘Leadership” inputs for SI/ 13. Inspections To some extent Not at all Inspector levels. For Dy SP level, a topic 14. Developing Subordinates. To a little extent To a very little extent. on creativity is placed in curriculum in 15. Performance Appraisal and Not at all Not at all Rajasthan only. Attempts should be made for sufficient coverage of these feedback topics in the curricula for both levels of 16. Motivating interactions with To a very limited extent Not at all police officers. other Criminal Justice System Agencies. TRAINING METHODOLOGY 17. Crime-Prevention To some extent To some extent Programmes n Table 2, extent of use of I 18. Community Policing initiatives To some extent To some extent training methods in Police Training

Academy Journal 44 COMMENTS regarding content coverage in the problem solving and decision making, domains of Leadership and Creativity in best practices in leadership and various police training institutions. In creativity, etc. In some organizations, ver reliance on training to O tabular form, analysis on use of training all employees are exposed to the concept develop creativity and leadership in methodology and non-training of creativity and methods for enhancing creativity. Faculty of various HRD police personnel may not be very fruitful interventions for development of centers is trained through Training of proposition. Above mentioned non- creativity and leadership has been Trainers programmes and Faculty training organization development presented. It is evident that content Development programmes in the methods are to be used more. Police coverage is almost nil in training contents and processes of leadership leadership will have to be trained more curricula. Training methodology and and creativity development. Training is in the use of above-cited methods for non-training organizational also provided in use of non-training better implementation. developmental interventions for methods like counselling skills, development of creativity and coaching, participative management, SUMMING UP leadership are not up to the mark. In the team building, performance and potential training institutions of public and private appraisal, on-the-job training methods, n this paper, the investigator has sectors, separate programmes of 2-3 rewards management, development of I days duration are run on various themes subordinates, etc. These things may be given detailed account of the findings of leadership, creativity, creative tried in police.

Cultivation of the personal life depends on the rectification of the mind. When one is affected by wrath to any extent, his mind will not be correct. When one is affected by fear to any extent, his mind will not be correct. When he is affected by fondness to any extent, his mind will not be correct. When he is affected by worries and anxieties, his mind will not be correct.

When the mind is not present we look but do not see, listen but do not hear, and eat but do not know the taste of food.

This is what we mean when we say cultivation of personal life depends on the rectification of the mind.

Confucius, Great Learning

45 Jan - June 2004 CENTRAL POWER OF MAN: HIS OWN NATURE

TGL Iyer

Bill Gates of Microsoft said ability. A recent survey carried out by Kepner-Tregoe says that two-thirds of recently: “The only factory asset we companies surveyed do not use more have is human imagination”. The world than half their employees brain-power. we occupy today is a vastly different Only 16 percent said that they use more place than the world of a decade ago. than half their talents at work. For example, a decade ago, may be, about 500 people understood what is a website; today there are millions. A A recent study of 3,200 US decade ago, Japan was riding high; now companies conducted by Robert it is trailing behind. A decade ago, we Zemsky and Susan Shaman of the had more decent politicians; now University of Pennslyvania, showed according to Mr Lyngdoh, the Ex-CEC, that a 10 percent investment on we have mostly criminals. increasing the skill of the work force in the area of training and The key to a prosperous future is development, leads to 8.5 percent in to create a social architecture capable productivity. Such findings explain of generating intellectual capital. Value- why Jack Welch of General Electric based leadership is the key to realize the said: “I have only 3 jobs as CEO : 1. full potential of intellectual capital. The Selecting the right people, 2. challenge of leaders today is to Allocating the right capital resources, recognize and employ untapped human 3. Spreading right ideas quickly”.

Academy Journal 46 In a knowledge-based economy, the policeman should have that recognized and approached by ordinary leaders do not command employees to peculiar ability to insulate, fortify and people. work harder, smarter or faster. stand solid in the midst of ruins. This Knowledge workers know the right can be achieved only through In the life of a Police Officer, buttons and when to press them. A character. Remember that character is everyday is a journey through recent research carried out at Princeton not for sale, show or bargain. It is a wilderness to a promised land. All an University identifies seven attributes personal virtue, which gives joy, bliss officer has to do is to awaken his or her to essential leadership. First, Technical and pride to the individual. talents and the champion within. The Competence, i.e., Business-literacy and opportunities are plenty, the track is grasp of one’s field. Second, Conceptual Lao Tzu writes “The wise stand limitless, stretching before him or her Skill, a facility for abstract or strategic out, because they see themselves as without end. In the deeper levels of the thinking . Third, Track Record, a history part of the whole. They shine, because mind are resources of power, strength of achieving results. Fourth, Moving they do not want to impress. They and courage, hardly imagined. The mind Skills, an ability to communicate, achieve great things, because they do is not just an inert matter. Just as there motivate and delegate. Fifth, Taste, an not look for recognition. Their wisdom are precious stones in the depths of the ability to cultivate and identify talent. is contained in what they are, not their sea, there is a store of abundant energy Sixth, Judgement, making difficult opinions. They refuse to argue, so no- in the depths of our minds. This energy decisions in a short time frame with one argues with them”. May be, this is beyond the perception of ordinary imperfect data. Seventh, Character, the definition or description applies to senses. The Police Officer has to quality to define who we are. police. Character inculcates these recognize this power, awaken it, use it qualities, because the person and appropriate it. A leader may not have all the practicing it, knows that he will control seven qualities but he will have some his own destiny. Cultivation of a Everyone admires the Bold, none of them. Character is the key to character mindset significantly honours the Timid. Common people leadership. Research at Harvard increases the chance of health, wealth have a sixth sense for the weakness of University indicates that 85 per cent and happiness. others. If in the first encounter, the of leaders’ performances depends on Policeman demonstrates his willingness personal character. Character is not Samuel Smiles wrote in 1959 in to compromise, backdown and retreat, quantifiable, but there are many ways Self-Help, “it is not eminent talent then that brings out the lamb into the to measure the individual.. (Warren that is required to ensure success in open than the lion. If he is on the Bennis on ‘The Anatomy of any pursuit, so much as purpose; nor defensive, willing to negotiate, he will Character’). The word character comes merely the power to achieve but the be pushed around without mercy. If he from the Greek language for ‘engraved’ will to labour energetically”. Energy is bold enough to face crisis and or ‘ inscribed’. We should know who of will may be defined to be the very calamities, people appreciate and we are, and how to organise our central power of character in man. In a applaud, because boldness has many experience. William James of Harvard word, it is Man Himself. By admirers and cowardice has many critics. University described character as “the cultivating character, if you could be particular mental or moral attitude different and achieve remarkable The life of a police officer is most active and alive, a voice inside, things, then why not practice it? exceptional. If he chooses to lead his which speaks, “This is the real me”. life like everyone else, then what exactly Police Officers may remember that is it that he has to offer to the Police Officers are leaders. In the day people stop bringing problems department? There should be some their case, character is framed by drive, to them, they cease to be leaders. Public evidence that he has played a role, made competence and integrity. They work lose confidence or gain confidence a contribution and was of service to the for the law, community and general when they know that Policeman cannot common man. People of action do not welfare. Without these qualities, it is or can help them. People ignore the stand in a crowd. They are in the difficult to engage others and sustain Police when they know that they are not forefront, doing things. meaningful results. We often hear cared for. Real leaders make themselves that “the people get the police they accessible and available to others and The Police Officer should have a deserve”, since they are from the not get entangled and submerged in philosophy to sustain him. He can adopt community and would reflect unproductive meetings and Swami Vivekananda’s saying: “Take faithfully the characteristics of that discussions. A police officer is an things as they come; leave things as community. This is not true, because outdoor man to be seen, to be they go; love things as they are”. In

47 Jan - June 2004 short, a Police officer can be successful, personal life, freedom from greed, quest Somerset Maugham observed: if he has a sprit of adventure; willing to for truth and has self-control, self- “It is a funny thing in life, when you travel along the road less traveled, confidence and selflessness. It is refuse to accept anything but the best, willing to sacrifice comfort and choose difficult to find all these qualities in one you very often get it”. So, be persistent. a hard, risky life and has kindness, individual but certainly some of them A race is won by a man who will endure character, ideal, fearlessness, purity in will be there and some could be acquired! till the end.

FAR FROM THE MADDENING THOUGHTS !

Do you dwell on negative thoughts ?

You most probably are not a very happy person then. Do you know that your thoughts have a direct influence on the way you feel and behave? If you think that your job is giving you headaches, you will come home with your throbbing temples every day. It is sure that the mind exerts its power over the body.

Your sense of imagination can be a powerful tool to help you combat anxiety, tension or stress. Visualization can be used as a means to harness the energy of your imagination.

Try to visualize two or three times a day. The best time is to do it in the morning while you are still in the bed as also at night before falling asleep. With practice you will be able to visualize whenever and wherever you need it. To begin visualization, sit or lie down in a comfortable position and close your eyes. Scan your body for any muscle tension and relax the areas that need it.

After that, begin to visualize a scene, object or place that is soothing and pleasing to you. Imagine each aspect of the scene and involve all your senses fully. If, for example, you like to visualize a waterfall on a mountain, first imagine what this looks like: the rushing water, the stream flowing from it, the trees around, etc.

Another type of visualization involves the image that is normally associated with tension, which can be replaced with an image for relaxation. Like if you imagine a taut rope, you could replace it with its loosening. A thunder subsides and is replaced by a light rain; the darkness begins to lighten; the pounding hammer is replaced by the humming of the small flying birds around.

As you become more involved in your visual image, your body will relax and you will be able to let go of the problems or worries that were bothering you before.

(from the collections of Pullela Murali Mohan)

Academy Journal 48 WALKING

RR Varma

Walking is many a splendid Now, I may begin with plain blessing. In fact, I call it ‘seven in one.’ walking. We all know that walking is a It showers seven major benedictions natural part of our life and is, therefore, benefiting various dimensions of the life inbuilt in all of us. Our experience as canvas. They are fitness, mental joy, enhanced by specialists knowledge tells cure, relaxation, contemplation, us that walking is the key to good introspection and meditation. Some health. In fact, the truth about the people may raise their eyebrows or even benefits of walking are too obvious to wonder at my audacity to find a nexus emphasize. The evolution of man from a between such antitheticals as walking quadruped to a biped stage is and meditation but such a contradiction attributable to the ingenuity of walking. is only seeming as we will see that the Walking facilitated acquisition or two are tailor-made to help each other. emergence of the erect posture of the In fact, by walking I don’t mean mere early man. It led to the growth of spine, plain walks; its spectrum includes brisk nervous system and ultimately the walking, leisure walking, pleasure brain. Therefore, walking is one of the walking, jogging and even running, plus important secrets of our being and, sure the long walking which we call enough, holds the key to our becoming marathon. even better.

49 Jan - June 2004 For physical fitness in our daily music fill the soul with solace and peace, should be checked before setting out life the role and contribution of walking I wonder why should anybody deprive on the walk and should be checked at are undeniably great. Appreciating this oneself of this bounty offering both half an hour’s rest after the walk. reality, medical doctors and specialists health and happiness. have evolved and prescribed various By contemplation I mean quiet and walking courses for different people The medicinal effect of walks positive thinking or creative imagination keeping in view the age factor and figures eloquent in the prescriptions of and delighting visualization involving individual health levels. My own most doctors. A doctor friend of mine recapitulation of pleasant relationships experience is that early morning time is told me, “ We only treat, God cures”. and experiences. It is a sort of vicarious ideal for walks. It invigorates both the This really impressed me though most journey in the wonderland of body and the mind. Pollution is the main doctors may not agree with this dictum. fascination. This, of course, needs bane of our time and also a major health But most doctors may not disagree practice and the effects of hazard. The pollutants emanate from with the twin benefits of walking; the contemplation are not far to feel. vehicles, factories and various carbon curative and preventive medicinal uses Contemplation generated by joy and fuels burnt in houses. Since in the early of walking. According to doctors there leisure walks can boost the creative hours in the mornings this type of are several diseases and symptoms instinct of a person and benefit in artistic pollution is less, morning time is more which regular and suitable walking and research pursuits. Even students suitable for walking, jogging and exercises can cure and prevent. There can use such leisure walks to learn and running exercises. If the morning walks are quite a few important diseases, memorize their lessons. are concluded by seven a.m., even in which are so common too, for which winters, the benefits are manifold. It may regular walking exercises are prescribed Introspection is the key discovery be noted that to take the benefit of as a part of medication such as blood of one’s personality because more ozone content in air, which is said to be pressure, diabetes, obesity, etc. There often we are in illusion about ourselves. useful for the body and mind due to its are several physiological systems in our It is extremely difficult to break the self- decarbonising effect, it is recommended body which can be strengthened and imposed fetters of ego and conceit. To to undertake walks even earlier. rendered more or less disease proof– turn the search lights of the mind on such as digestive system, cardiovascular oneself it help in preparing a balance A sense of tingling joy and a system, nervous system and the like. sheet of our good and bad points. To feeling of happiness during and after begin with, we should realize that we are walks, particularly pleasure and leisure Talking of the relaxation, essentially what our thoughts are. The walks, is a common and quickly felt contemplation, introspection and other test is what other people think of experience. Some people may think that meditation benefits of walking there are us. So through this process we can know I appear to be unexposed to the joys of a couple of conditions. In the first place, the areas of our weaknesses. Somehow such sports and adventures as riding, as far as possible, such walks should people around us due to our conduct swimming and a host of other sports like be taken alone and on less frequented and behaviour feel and know our river rafting, rowing mountaineering and paths and avenues. Secondly, personality and their relation is an gliding. But most of these are not conscious effort should be made to important clue which we should not accessible to all for various reasons of charge the mind with positive and ignore but use to improve ourselves. age, opportunity, training, equipment, cheerful disposition. The illwill factor An important benefit of introspection is etc. Walking costs nothing and is should be banished from the mind. the awareness of how we affect others welcome by all everywhere, with all its Thirdly, physical tiredness should be and their reaction towards us. The attendant benefits. My own experience avoided during such walks. second way is to recollect during walks is that in the early morning the panorama one’s good and bad acts and thoughts of nature unfolding its vastness of Talking of relaxation precisely of previous day. If this is done regularly grandeur marvels the very core of our means stress reduction and feeling of during walks we will feel improvement being. The golden hue squandered by freshness. My personal experience is in our character because the avenue to the rising rays of the sun filling the that when a I undertake three/four kms earn respect leads through the process horizons with bewitching charm, breeze walk in the wake of the above of extending sincere respect to others. wafting scents of earth and plants, muse background my pulse rate drops and of the trees dancing with air, melodies even blood pressure improves to the Meditation essentially means of birds, fragrance of the wild blossoms, extent of 10/20 points to my benefit and concentration of mind and its form an all enthralling vista. Light and delight. I experience a feeling of application to God who is omnipotent shade, colour and sound, smell and freshness. However, the blood pressure and omnipresent but always hidden and

Academy Journal 50 unmanifest. Skeptics may laugh at my satisfaction and the benefits of headquarters). The distance was fifty endeavor to establish linkage between exercising. miles (80 kms). No doubt, the road, the abstract unmanifest God and a despite ardous patches, was by and simple concept of walking, but I may Appreciating these diverse good large clear but the blazing sun never assure them that my conviction is based effects of walking, we may pause and relented. The bigger cause of on experience. The omnipresent- think that life is not walks alone. The discomfiture was that I was walking in unmanifest God can only be seen by the other areas of life involve thorny paths, parade boots. Ultimately, with half a penetrative spiritual vision. In fact, God which are treacherous too. Life struggle dozen blisters on both feet along with contact is an intense endeavor meant is not a pleasure or leisure walk, it is a my courageous wayfarer Man Singh I only for the pure in the heart. In all grim race and quite often in wilderness reached Kalpa at 7.30 in the evening. I creative pursuits of life, the degree of for want of the clarity of destination may have marveled at my achievement success is proportionate to the level of caused by the crowds and storms of but my wife was agonizingly amazed. I concentration. Meditation simply put is pressure. Steering life to the shore of must admit that the solid energy and concentration on God alone. It must be success needs grit and nerve. spirit of Man Singh worked as booster total and fully undivided. Full devotion Fortunately, we know that regular walks, for me during this Marathon walk. and undiluted concentration on God are jogging and running impart the touch the two prime rules of meditation which of steel to nerves, the only requirement In the month of January 1968 when can get devotees various benefits. for good life is to be fair to all. I was posted as SP, Shimla district, I had Meditation is not essentially offering to proceed on short leave to my village. prayers from a sitting posture at home Here I may put down a couple of However, an exigency of service or in temple. It means true and pure God my own memorable events in walking. required my presence in the office but it love. To love God from the depth of Way back in 1965, I was transferred on showed at night that all traffic remained heart, to feel Him during walks, as you promotion from North Police district of are walking with Him, talking to Him, Delhi to Kinaur in Himachal Pradesh as suspended. I told my wife that I was keen trying to feel his invisible presence, District Supdt of Police. In the wake of to make it to Shimla on foot. I do not putting sincerely your problem before Indo-Chinese clash of 1962 , extensive know what undaunting spirit gripped my Him. Have full faith in Him. Such prayers village touring in this border district wife and dismissing every council and He answers and it is this intensity and adjoining Tibet region of China had persuasion she put on the proper purity of prayer which is called assumed importance for the district SP walking dress and marched out. Four meditation. The key factor being pure Indo-Pak clash of 1965 had intensified other young men accompanied us. God love. Therefore, during early this job requirement. Therefore, visiting Wow! their company turned our journey morning walks one can always open various far-flung villages on foot had into a sport. They made it highly one’s heart to God and continue made me pretty fond of walking. Sharp enjoyable and unforgettably memorable repeating His name and thought. Quite at 3.45 a.m., on the 4th of May, 1966, as I adventure. The journey of 40 Kms a few elderly people are heard during had decided the previous evening, (through short cuts) was a hilarious morning walks chanting God’s name but accompanied by Constable Man Singh this does not have to be mechanical. I (a local resident of Nesang village), I episode - walking, singing, resting have the experience of the twin benefits set out on my marathon walk from Pooh relaxing - enjoying with many villager of such walks; a sort of spiritual rest house to Kalpa (the district on the way, we reached Shimla at 8 p.m.

The suffering of each depends, not upon factual happenings, but upon the texture of each one’s mind

- Swami Chinmayananda

51 Jan - June 2004 CRIMINAL JUSTICE & SCIENTIFIC CRIMINOLOGY

Prof R Deb

The edifice of our Criminal administer our Criminal Justice System. Justice System depends on the co- While it is necessary to know the bio- operation and co-ordination of efforts psycho-social theories regarding the among the Police who conduct the pre- causes of criminal behaviour, it is trial investigation, the lawyers on both perhaps of great importance to master sides who assist the Court to determine the advancements in the field of the truth at the stage of trial, and finally Forensic Science or “Scientific the judge who gives the final verdict Criminology” which go a long way to declaring the accused either guilty or bring offenders to justice. Certainly, innocent. It is, therefore, very necessary detection of crime is of no less that their training syllabi should contain importance than crime prevention, such materials as would make them more especially when all crimes cannot be suitable for grappling with the prevented. Indeed, successful detection complicated problems of crimes and results in crime prevention by driving criminals in modern times when criminals home a lesson to a would-be criminal are harnessing the knowledge of science that crime does not pay in the long run for furthering their anti-social activities. and nemesis overtakes him sooner than Thus, study of modern science of later. Some Universities have, of course, criminology in all its bearings is, introduced optional papers in therefore, a must for all the above three Criminology in their LLB syllabi even categories of persons who together though the crying need appears to be

Academy Journal 52 a compulsory paper on this ever- criminology in all LLB courses ignorance of “Scientific Criminology”, growing subject. It is also a matter of throughout the country so that we get fail to convince the court with proper regret that in such syllabi, excepting duly oriented Police Officers, Lawyers, arguments and grounds about the fool- certain bio-psycho-social theories of Prosecutors and Judges who can proof nature of a piece of scientific criminal behaviour, there is hardly any appreciate scientific evidence properly evidence. In the circumstances, it is no “Forensic Science” or “Scientific in course of every step in the Judicial wonder that we, contrary to highest Criminology” topic which really helps process. Criminology cannot, therefore, scientific authorities, once had even a to detect crimes and criminals. afford to ignore Forensic Science, Police decision to say that opinion of an expert Criminology certainly does not consist science, Police investigation, etc., if it that a particular letter was typed on a of mere criminal psychology and has to be a branch of human knowledge particular typewriter does not fall within criminal sociology. This abberation in dealing with crimes and criminals in its the ambit of S.45 of the Indian Evidence the LLB Syllabus must be corrected etymological sense. As a matter of fact, Act. It is gratifying to note that the apex forthwith, for now Courts are frequently all standard books on so-called pure court has now said that this decision called upon to discuss and appreciate Criminology with heavy sociological needs to be reviewed by a larger bench evidence afforded by police and forensic bias too devote chapters on police in view of modern advancements in the field of scientific knowledge (CBS vs sciences like modus operandi, hand- investigative procedures and OST Choudhary, 1990 Cri LJ III2: AIR writing, fingerprints, footprint, police administration of criminal justice though 1990 SC 1050). So “Scientific dogs, ballistics, chemistry, microscopy, in a sketchy fashion. And yet some Criminology” is a must for our LLB medical jurisprudence and even genetics shortsighted Criminologists would courses through which we, by and large, (DNA Techniques) in cases of assault, venture to say that Criminology has get our investigators, lawyers and rape, murder and paternity. “Scientific nothing to do with “Police Science and members of the judiciary who constitute Criminology” (i.e., Scientific aids to the Investigative Procedure” or even with our criminal justice system. Further, its detection of crime), Police science, “Forensic Science”. It is this kind of introduction would make our police and Police investigative procedure as well attitude which perhaps gives us our custodial officers more scientific minded as criminal law must, therefore, find place inadequate investigators and ignorant and thus pave the way for abolition of in a meaningful compulsory syllabus on prosecutors who due to their own third degree and custodial violence.

The frog does not drink up the pond in which he lives

- American Indian proverb

53 Jan - June 2004 FORENSIC GEOLOGY

Forensic geology is best killers, terrorists and international described as the application of the thieves. We live in a highly mobile principles of earth sciences to the law. society that has many cross border Earth science is a broad-spectrum criminal activities. These activities discipline that covers all of the include drug shipments, smuggling, mechanisms involved in the study of the commercial theft, fraud and terrorist land, sea and air. In our day-to-day actions. The law enforcement officials activities, we must travel in one of those who generally come in contact with mediums. What we do in the medium and these incidents are the front line how we cross the boundaries affects the officers. They then pass on the exhibits type of evidence that could be collected to the forensic investigators who at a scene. A forensic geological continue the examination for trace examination may not just entail a routine evidence. However, the question study of soil evidence. Depending on remains, is the front line officer even the type of incident involved, a multi aware of the option of a forensic disciplinary examination may be geological examination in each of these warranted. main subject types. Where a drug shipment has truly originated or passed through is just as critical as knowing The main use of the science is to where a terrorist’s vehicle was loaded assist law enforcement in placing and its path to the target. A forensic persons at scenes of crime. It can also geological examination may be able to be used to track pathways of serial provide those answers.

Academy Journal 54 In today’s world, we must place microscopic level, a case becomes finely out a switch on Canadian soil. However, as many tools as possible in the hands focused and well defined. When the fine the sand and iron were subjected to a of law enforcement. With the collection elements of an evidence chain are clear, forensic geological examination to try of geological and soil products from the entire investigational process is and establish provenance. exhibits and transport vehicles, strengthened. evidence can be developed that would The iron was examined and normally be lost. The greater the A forensic geological examination determined to originate from Italy. The geographic distance between incident may include air photograph or satellite sand was examined and determined to events, the greater the potential for imagery interpretation, or the use of have originated from a tropical/ sub significant evidence generation. geophysical or highly specialized tropical environment. The associated Forensic geological analysis is based on analytical laboratory instrumentation. minerals, found in the sand and physical the premise that every soil or mineral Each if these tools are important to the condition of the grains provided exhibit has provenance. Provenance is investigator in a range of incident types. sufficient information to suggest that the determined by the ability of the The list of incident types is not confined switch would most likely have occurred investigator to establish that the exhibits to, but include, arson, bombings, in Ghana. are site specific. The degree of locating and the examination of individuality and nature of the specific clandestine graves and poaching. GENERAL USES FOR A FORENSIC mineralogical elements is the key in GEOLOGICAL EXAMINATION: pronouncing the significance of that The power and value of a forensic provenance within the confines of the geological examination can only be fully • Placing persons and vehicles at scenes of violent crime. incident. Being able to establish the appreciated once its past uses are regional provenance of a mineralogical detailed in case studies. Enlightened • Tracking pathways taken to and exhibit will have more significance in an investigators will then see how this type from scenes and in abductions. international case than a local incident. of examination can assist in developing • Time of death determinations in other facets of an investigation that may grave sites by soil alteration. However, localized site-specific otherwise be lost. Every criminal • Matching stolen items to original sites. determinations can be made by shape, investigation deserves to have all Placing suspects at poaching textural and contamination features potential avenues of examination • scenes. found within the confines of each explored and utilized, if appropriate. • Placing suspects at arson scenes. exhibit. In highly industrialized areas, the Determining sources of drug presence and nature of localized • CASE shipments and transportation contamination features may provide a routes. host of statistically significant individual In 1997, a gold shipment valued at • Tracking border point violations. markers. The local geology may be $3 million went missing. The shipment • Locating clandestine grave homogeneous on many levels, but the originated from a placer mine in the locations. position and nature of the human interior of the country. It was reportedly • Tracking suspect movements and contaminants within the sample may shipped to a facility in London, England international ties in terrorist provide the elements required in the and then to a warehouse in Amsterdam, bombings. investigation to merit weight in court. Netherlands. The shipment was then • Reducing possible search areas for sent to Toronto, Canada where it missing pesons and graves. In all legal proceedings, forensic ultimately was opened and the gold was • Providing forensic evidence at examiners provide individual elements discovered missing. train and plane crash scenes. of a case. It is the duty of the courts to • Tracking movements of serial weigh the value and significance of each The shipment had been made in a killers across the country. piece of evidence presented. Forensic collection of locked wooden storage • Utilization of geophysical examiners are first-degree legal crates. The loss was not noticed as the equipment in crime scene work. historians that provide stepping-stones contents had been replaced by sand and • Airport data interpretation. for the court to traverse the convolute iron ingots. The Canadian police were path of a criminal investigation. A now faced with the task of determining • Ground truthing for satellite data interpretation. forensic geological examination forces where the theft occurred to establish the investigator to examine all of the jurisdiction. The boxes had been • Mine site disaster examinations. potential trace evidence that may arise properly sealed and tagged at Canadian • Development of protocol systems from an incident. By reaching down to a customs which assisted greatly in ruling for policing.

55 Jan - June 2004