TAMIL NADU POLICE JOURNAL January-March 2008 Notice to Contributors Articles may be sent on the following subjects, in English or Tamil (a hard copy and a soft copy in a fl oppy or by email to [email protected]) • Heinous/sensational crimes, police procedure and steps taken in detection. • Organised crime, economic off ences, emerging trends in crime, cyber crime. • Role of IT in policing, computerisation, computer as a tool in detection of crime. • Latest trends in forensic science and medicine, computer forensics, scientifi c equipment, etc. • Communication, photography, advances in fi nger print science. • Police organisation, structure and reforms, modernisation, training initiatives. • Intelligence, security, fundamentalism, terrorism and left wing extremism. • Judicial decisions of importance to police offi cers and legal issues of interest to police and law offi cers. • Exemplary police practices in India and abroad. • Police sports meets, celebrations, workshops, seminars etc. Name and address of the author should clearly be indicated and a passport size photograph enclosed. Articles should be addressed to the Editor, Tamil Nadu Police Journal, Police Training College, Ashok Nagar, Chennai-600 083, Tamil Nadu. Articles not accepted for publication will not be returned.

January–March 2008 Tamil Nadu Police Journal 1 EDITORIAL BOARD

Editor in Chief K Natarajan IPS DGP Training

Editor T. Rajendran IPS IGP Training

Members

K. Ramanujam IPS ADGP Training

Amit Varma IPS ADGP/PO TNPA

K Bhavaneeswari IPS Principal/PTC

Disclaimer No part of the Tamil Nadu Police Journal may be used or reproduced in any form without permission from the Editor. Neither the Editor, nor the publisher assumes responsibility for the articles or facts or opinions in the papers printed.

Published by T. Rajendran, IPS, on behalf of Police Training College from No.2, Natesan Salai, Ashok Nagar, Chennai-83 and printed by A. Anand at Chennai Micro Print (P) Ltd, New No.130, Old No.34, Nelson Manickam Road, Aminjikarai, Chennai-29. Editor: T. Rajendran IPS

2 Tamil Nadu Police Journal January–March 2008 CONTENTS

S.No. Topics Page No.

1. Editorial 5 2. Doesn’t Every Child Count? 7 —Vidhya Reddy, Executive Director, Tulir 3. Th e Cutting Edge—Police Station 32 —T. Rajendran, IPS, IGP Training 4. Economic Off ences Wing of Tamil Nadu —A 40 Unique Experience in Policing —Archana Ramasundaram, IPS, ADGP, Aministration 5. E-Governance—An Overview 50 —Amit Varma, IPS, ADGP/Project Offi cer, TNPA 6. Asset Forefeiture 61 —S. Ravi, Competent Authority, Dept. of Revenue, Govt. of India 7. Challenging Fire Scene Investigation 66 —T. Nataraja Murthy, Forensic Lecturer, PPSK Universiti, Sains Malaysia 8. koÍkh Ϫj moik ãiy? 86 —R. Nataraj, IPS, ADGP, EOW 9. Maoist Movements in Tamil Nadu—State Responses and 93 Management 93 —Nihar Nayak, Associate Fellow, Institute for Defence Studies and Analysis, New Delhi 10. Information Communication Technology 114 Initiatives in Tamil Nadu Police —K. Ramanujam, IPS, ADGP Training 11. On the Trail of a Terrorist 131 —Md. Shakeel Akhter, IPS, IGP Administration 12. Peer Practice 139 13. Important Judgements 146 14. PTC Course Calendar 157

January–March 2008 Tamil Nadu Police Journal 3

EDITORIAL

Th e New Year (2008) ushered in a new era for the Police Training College, Chennai. Honourable Chief Minister of Tamil Nadu, Th iru M. Karunanidhi inaugurated the Tamil Nadu Police Academy at Oonamanchery, Vandalur, on the outskirts of Chennai at a grand function in the evening of March 15, 2008. It was graced by scores of dignitaries. Th e Academy built on 130 acres of land, at a cost of Rs. 60 crores boasts of state-of-the-art facilities and will be a seat of higher learning. On January 18, 2008 SI cadets (706) reported for training at PTC, Chennai. Shortage of space led to the training being carried out at two more centres at Vellore and Coimbatore apart from Chennai. Th e PTC took in 193 SI cadets including 56 women. Sixteen SI cadets from Pondicherry joined the PTC on January 30, 2008. Training for 3,775 recruit constables also commenced at 16 Police Recruit Schools in the state on February 29, 2008. Continuing its pursuit of intellectual excellence and emphasising the humanitarian angle in the role of a police, the PTC organised a half day workshop on ‘Th e Human Organ Transplantation Act’ on March 12, 2008, a move which was widely welcomed by the medical and forensic fraternity. Th e Special Address at the workshop was given by Tr. V.K.Subburaj IAS, Secretary to Government of TN, Health & Family Welfare Department. Editor

January–March 2008 Tamil Nadu Police Journal 5

Doesn’t Every Child Count? (Prevalence and Dynamics of Child Sexual Abuse among School Going Children in Chennai)

VIDYA REDDY Executive Director, Tulir (An edited report)

INTRODUCTION

Sexual abuse of children is disturbing, abhorrent and an unimaginable crime but, the unfortunate reality is that it happens. It is the biggest kept secret in India, due to the silent societal denial and ignorance, owing to the discomfort generated out of publicity. It is far more prevalent than Indian society is willing to concede. As the focus is on basic survival needs of health, shelter, nutrition and education, very little attention is paid to sexual abuse of girls and boys, and its impact. Besides a very superfi cial understanding of the defi nition, compounded by a paucity of knowledge, there seems to be hardly any awareness among either the general public or professional human service providers, regarding the extent and severity of abuse among girls and boys in India. At the same time, non-recognition of abuse due to lack of professional training and inappropriate, if not paltry, post-abuse, redressal mechanisms and protocols severely hinders eff ective response to child sexual abuse.

January–March 2008 Tamil Nadu Police Journal 7 Th e United Nations and the Government of India have both recognised the seriousness and pervasiveness of violence against children through recent studies. At a more local level, to understand the diff erent experiences of sexual abuse faced by children and the issues and dynamics surrounding these events, Tulir—Centre for the Prevention and Healing of Child Sexual Abuse (CPHCSA) with support from Save the Children Sweden, Regional Programme for South and Central Asia, undertook a study among Standard 11 school- going children in Chennai.

WHY THIS STUDY? Largely the skepticism and indiff erence to the occurrence of Child Sexual Abuse (CSA) was the impetus for this study, besides, of course, the need to set straight the records with regard to some of the contextual realities of child sexual abuse. Moreover, while it is a universal crime that defi es demographic profi ling occurring across gender, caste, religious, ethnic, occupational and socio-economic groups, because of the widespread ignorance and silence on the issue, a number of myths have taken root and grown in our society and culture. For example, ‘boys do not get abused’, ‘child sexual abuse happens only to children from lower socio-economic families’. To debunk such myths the respondents of this study, both boys and girls, were selected from diff erent types of schools, which represent the larger socio-economic spectrum. Besides confusion, shame, guilt or fear, being characteristic features of the overarching eff ects of sexual abuse, the issues of gender stereotypes and ‘grooming’ cause various diff erences in the way abuse is perceived by abused children themselves.

8 Tamil Nadu Police Journal January–March 2008 Moreover, there seems to exist a large gap between the number of adult survivors, who report retrospectively on the abuse experienced by them as children and current reporting of abuse by children. Neglect of child sexual abuse has happened not only within communities and but also within academia and practice. Th erefore there is a scarcity of empirical information on child sexual abuse within the Indian context, and consequently the indigenous body of knowledge on the subject is very limited. India has signed, ratifi ed and acceded to the United Nations Convention on ‘the Rights of the Child’, in which Article 34 discusses the child’s right to protection from sexual abuse specifi cally. Th is research was therefore undertaken as a beginning and part of a larger eff ort towards addressing these obligations, concerns and gaps. Its perceived role was to help break the silence around the issue, dispel certain myths and provide research based information on the dynamics of abuse, which would eventually inform subsequent action at the levels of advocacy, action and policy, with the following specifi c objectives:

z To determine the prevalence of child sexual abuse among school going girls and boys in Chennai, Tamil Nadu and its relation to demographics.

z To understand the nature of child sexual abuse with relation to,

ƒ Type of abuse

ƒ Frequency of abuse

ƒ Relational proximity of the abuser

ƒ Process of abuse

January–March 2008 Tamil Nadu Police Journal 9 z To understand the disclosure pattern of children and accessibility to support systems.

z To contribute to the existing information and knowledge base on child sexual abuse in India.

z To contribute towards improving child protection policies and practice.

z To strengthen the initiative to have a comprehensive law on child sexual abuse in the country.

z To contribute towards spreading awareness and information about child sexual abuse among children, families and the stakeholders in the larger community.

METHODOLOGY

Th e target group for this study included children studying in 11th standard in schools within the Chennai Corporation Zone limits. Standard 11 students were chosen to represent the child school going population of Chennai as they would have completed studying the human reproductive system, besides having the cognitive ability and social maturity to appropriately understand and answer the questions. Th ere are a total of 423 schools having Standard 11, within the Chennai Corporation Zone limits, all of which were sent a letter requesting them to allow their students to participate in this study. It was decided that the study sample would comprise all the 11th standard students from schools that give such permission. While many schools were interested, only 24 schools could give permission for data to be collected, within the time period stipulated for this purpose, and the study was conducted among 2211 students from these schools. Primary

10 Tamil Nadu Police Journal January–March 2008 data was collected from the children using a self-reporting anonymous questionnaire, which had been tested and fi nalised following a pilot study conducted in fi ve schools, with 519 students, in September. Th e data for the study was collected between October to December 2005. Before every data collection session with children, an interactive orientation was conducted with them about child sexual abuse and they were given information on the UN Convention on the Rights of the Child, especially on the Articles regarding abuse. Information was also given about available professional support systems such as Tulir-CPHCSA and CHILDLINE, with students also being encouraged to tell their trusted adults to seek help, in the event of occurrence of abuse. Crucial topics such as, ‘abuse is never the child’s fault’, and the guile with which abusers prepare the child for abuse, were emphasised. Eff orts were made at all stages of research to follow strict professional and ethical standards, considering the sensitive topic of the study and the young age of the respondents. Four major ethical standards followed were:

Confi dentiality

All measures were undertaken to protect the confi dentiality of the respondents. Th e questionnaire did not require the respondents to reveal any personal identifi cation. In case the respondents wanted to speak to the researchers after the study, suitable measures were taken to protect their identity. All eff orts to ensure privacy comfort, within the available setting, were provided to the participants.

January–March 2008 Tamil Nadu Police Journal 11 Freedom to Participate After attending the orientation programme, the children were given a choice as to whether they wanted to participate in the research. Th eir participation was strictly a decision they had to make. Similarly the respondents had the freedom to stop answering the questionnaire at any time in between, if they wished to.

Informed Consent Th e orientation programme gave the respondents an insight into the background and purpose of the study. Th ey were made aware of the support systems which were in place, in case they wanted to discuss the topic further. Th e fact that they had the freedom to choose to participate was stressed upon.

Multi-Disciplinary Team A multi-disciplinary team comprising of professionals from social work, medicine, law, and education was formed. Th ey had been informed about the purpose of the study and they had agreed to provide appropriate interventions and support for participants who might seek assistance following the research.

DEFINITIONS For the purposes of this study, the following defi nitions have been used: Child: Any person below 18 years of age. Child Sexual Abuse: Any sexual behaviour by an older or more powerful person with a child. Th is includes both touch as well as non-touch forms, including, but not limited to:

12 Tamil Nadu Police Journal January–March 2008 z Exhibitionism z Voyeurism z Making the child touch off ender’s private body parts z Touching the child’s private body parts z Forcing or tricking the child to watch pornography z Sexual intercourse (vaginal/ anal/ oral) Th e total number of child participants in the research was 2211, of which 847 were boys, while 1364 were girls. Th e participants belonged to a range of socio-economic strata and school types. Th e profi le of the participants is shown in the following tables: Sex Male 38% Female 62% Age Upto 12 3% 13-15 31% 16-18 66% Family Type Nuclear 65% Joint 35% Family Income < Rs. 6,000 37% Rs. 6,000 - 12,000 18% > Rs. 12,000 16% Don’t Know 29%

SEXUAL ABUSE – PREVALENCE Th e results of this study suggest that the crime of child sexual abuse is extremely widespread in its prevalence. Out of a total

January–March 2008 Tamil Nadu Police Journal 13 of child 2211 participants, 939 had faced at least one form of sexual abuse at some point in time, that is, 42% of these children have faced sexual abuse in one form or the other.

Reported sexual abuse Total

Boys 405 847

Girls 534 1364

Boys and Girls 939 2211

Sexual abuse - Boys & Girls

Abused 42% Not abused 58%

Th is result of the study can also be viewed as suggestive of the prevalence of abuse of children in India, which has a large child population, with almost 42% of its total population falling below the 18 years age bracket. When seen in relation to the entire child population, these fi gures indicate a horrifying and appalling picture of the enormity of sexual abuse of children. At the same time, these fi gures also challenge the common misconception that child sexual abuse is essentially a ‘western’ problem, and does not happen within Indian society and culture. Th e sex-wise distribution of the data also presents signifi cant results. For instance, it is often believed that boys are not sexually abused—a myth often dangerously refl ected in parental, familial, community and professional attitudes. Th e fi ndings of this study completely refute this. Not only are boys

14 Tamil Nadu Police Journal January–March 2008 abused but, their abuse is extremely prevalent. As shown by the fi gures, 48% of boys who participated in the study had been abused. With regard to girls, the results show that 39% of girls had faced abuse. While these fi ndings, when compared, may give the impression that the abuse of boys is more prevalent than that of girls, this may not necessarily be indicative of the larger social realities. Th e abuse of both girls and boys is highly stigmatized within Indian society. Due to the strong male- dominant patriarchal nature of Indian society, abused girls are often disbelieved and/or blamed for their abuse, with abuse usually being associated with ‘loss of virginity’ and notions of family honour, often playing an extremely signifi cant role in this process. Also, sex and sexuality are taboo topics in Indian society, more so for girls than boys. All these factors, may have hindered girls from disclosing about abuse faced by them, notwithstanding the assurance of anonymity. Also, many children, due to the general silence on the subject of sexual abuse and lack of awareness, may not have been able to relate, their experiences of abuse to the questions asked, or may not perceive those experiences as abusive. Th ese factors too may have led to a noteworthy level of under-reporting among all children in general, and girl children in particular. Also, the limitations of undertaking research on a subject as sensitive as child sexual abuse must be carefully considered. Th erefore, it may be stated that though the boys of this study reported a higher prevalence rate of sexual abuse than the girls, it may not be representative of a wider occurrence. At the same time, the research fi ndings state with conviction that sexual abuse of both boys and girls is widely prevalent. Th e results contradict various other myths and popularly held perceptions about child sexual abuse in India, a major one being, the extremely common perception that it happens

January–March 2008 Tamil Nadu Police Journal 15 only in poor and illiterate families. Th e study included children from various socio-economic strata of society, and there did not seem to be any dramatic diff erence between the prevalence of child sexual abuse between these strata; in fact the prevalence of sexual abuse in upper and middle class was found to be proportionately higher than in lower and lower- middle class, as is evident in the bar chart below. Th e criteria used for stratifi cation: family income less than Rs.6,000 per month —Lower and Lower-middle class; between Rs.6,000 and Rs.12,000 per month—Middle class; higher than Rs.12,000 per month—Upper class.

Sexual abuse with respect to socio-economic class

1 0 0%

8 0%

6 0%

4 0%

2 0%

0% Lower & Middle Upper Income not reported Lower-middle Class Class known Not abused / Not reported 485 206 176 405 Abused 339 190 185 225

Similarly, another popular myth is that sexual abuse does not take place within joint families, and that it happens only within nuclear families. Th is is often attributed to the element of a greater degree of supervision, especially by the older members in joint families. However, the results of this study do not endorse this viewpoint, as sexual abuse is found to be as prevalent in joint families as it is in nuclear families. Th is may be because though the degree of supervision may be high in many joint families, the number of people having access to a child is also greater.

16 Tamil Nadu Police Journal January–March 2008 Sexual abuse with respect to family type

100% 80% 60% 40% 20% 0% Nuclear Family type Joint family Family not known

Not abused / Not 413 814 45 reported Abused 335 589 15

Th is study estimated the prevalence of sexual abuse of children through a wide range of activities from non-contact forms such as voyeurism and exhibitionism to contact forms such as fondling, molestation, sexual intercourse, making the child touch off ender’s private body parts, etc.

Prevalence of diff erent forms of sexual abuse

603 700

600

371 500 384

400 226

300 131 83 81 200

100

0 Private parts Exhibitionism Made to Made to Oral sex Sexual Made to touched touch remove intercourse watch offender’s clothes pornography private parts

Due to multiplicity of responses, the arithmetic sum of individual prevalence figures for each of the abuse types is more than the total number of children.

January–March 2008 Tamil Nadu Police Journal 17 As can be observed, the most prevalent forms of sexual abuse are touching children’s private parts, exhibitionism and forcing and/or tricking children to watch pornography. (While it would have been interesting to explore the age of being forced or tricked to watch pornography, the scope of the study did not allow for such detailed responses). Th e high rate of abuse in the form of touching children’s private parts may also be due to widespread sexual harassment at public places (popularly, though inappropriately, known as ‘eve teasing’). Following are a sample of the responses:

“A guy of about 17 hugged me from behind while I was walking down the road when I was about 11. I don’t remember much about it now, but it still disturbs me a lot” - Girl, 15 years “When I was studying in 10th standard, I saw some boys who kiss other boys for fun and irritate them” - Boy, 16 years

SEVERE FORMS OF SEXUAL ABUSE Th e prevalence of more severe forms of sexual abuse demands special attention. Th ough all forms of sexual abuse are serious and deserve concrete action, severe forms may have a higher potential of causing harm in the short and long term. Of the diff erent forms of sexual abuse studied as part of this research, oral sex, sexual intercourse, making the child touch off ender’s private parts and making the children take off their clothes and looking at them or taking their pictures are considered here as severe forms of sexual abuse. Th e data has been tabulated and represented below:

18 Tamil Nadu Police Journal January–March 2008 Reported severe sexual abuse Total Boys 179 (21%) 847 Girls 146 (11%) 1364 Boys and Girls 325 (15%) 2211 It may be observed that the proportion of abused boys is more than that of abused girls for severe forms of sexual abuse as well. Again, it may be noted that the prevalence of abused girls may be far more than that reported in this study, which may not have surfaced because of factors discussed previously.

THE ABUSERS

“When I was three years old, one of my uncle’s friends took me to the terrace and exposed his penis and asked me to expose my vagina.”- Girl, 15 years “When I was studying in 3rd or 4th standard someone stayed in our house. He called me and told me a story and as I was listening he took my hand and made me touch his penis.”- Girl, 16 years “I was forced to touch a woman’s private body parts. She was my neighbour.” - Boy, 16 years “My cousin brother tried to have sex with me. Th is happened when I matured. And he often forces me to do it.” - Girl, 16 years

While abusers are often considered to be dirty old men, and ‘stranger-danger’ is commonly believed to be the biggest threat to children’s safety, the data made available to this study, however, supports what has been indicated before by January–March 2008 Tamil Nadu Police Journal 19 previous studies on child sexual abuse, across the world as also demonstrated in our experience, that the abusers are more often than not, people who are known to the child. Th is trend is clearly visible in the pie chart below, for each category of abuse:

Percentage Type of abuse Immediate Extended Acquaintances Strangers Multiple Family Family abusers Touching 517273516 private parts Making 62443189 child touch abuser’s private parts Making 48 758 5 child watch pornography Oral sex 14 24 39 12 11 Sexual 11 28 41 10 10 intercourse

· Immediate Family: Father, Mother, Siblings · Extended Family: Grandparents, Uncles, Aunts, Cousins · Personal and Family Such as Friends, Family Acquaintances: Friends, Teachers, Neighbours, Domestic Help.

As can be observed from these fi gures, the majority of abusers in each of the severe forms of abuse are people who are known to the child, whereas, the strangers are more often than not a minority. Th e only two forms of abuse where strangers constitute a sizeable number are touching the child’s private parts and exhibitionism. Both of these forms of abuse are often part of sexual harassment at public places, which is 20 Tamil Nadu Police Journal January–March 2008 often perpetrated by strangers, and therefore the percentage of strangers as abusers in these two cases is especially high. However, abuse in the form of sexual intercourse, oral sex, making the child touch abuser’s private parts, etc. most often requires a greater and much closer access to the child, for the abuser to be able to gain trust and confi dence of the child often by building a relationship with him/her over a period of time and then abusing the child. Such access is mostly the privilege of people who are known to the child in either a position of power or authority and the child has trust over her/him. For these reasons, the majority of abusers are people who are known to the child, a fact refl ected in the data presented here. Also important to note, with regard to showing children pornography, is the very high percentage of individual and family acquaintances such as friends, neighbours, teachers, drivers, domestic help, etc. Th e study reveals that a sizeable percentage of participants who selected this option, mentioned that they were made to watch pornographic materials by their own friends. Besides the fact that the participants may have actually been forced and/or tricked into watching such material, the participants may also have included sharing of pornographic materials amongst friends while responding to this question, which is indicative of the high rate of viewing pornographic materials such as books, video CDs and websites by young people today. Th is demands introspection by communities and professionals as to their role, responsibility and response, in terms of young people having to resort to accessing pornographic material, for information on sex and sexuality, which is often inaccurate, inappropriate and unhealthy, due to a dismal lack of approachable and informative resources.

January–March 2008 Tamil Nadu Police Journal 21 FREQUENCY OF ABUSE It was found that a vast majority of participants could not remember the number of times abuse happened. Th e experiences of Tulir - CPHCSA and of other organizations and practitioners suggest that abuse by strangers may be a one-off incident (such as in cases of sexual harassment, exhibitionism by strangers etc.) whilst abuse by known people is very often repeated over a period of time. Th erefore, it may be suggested that a majority of those who were abused once may have been subjected to abuse by strangers, whereas those who were abused repeatedly, may have been abused by people they were familiar with.

Frequency of sexual abuse

Do not remember Once 43% 34% More than 5 2-5 times times 16% 7%

SEXUAL ABUSE—THE METHOD IN THE ‘MADNESS’ As much is it important to know about the prevalence of sexual abuse of children, it is far more signifi cant to explore its process and dynamics. Various myths and perceptions, along with widespread ignorance on the issue, have led society to believe that child sexual abuse is often an act of ‘sheer madness’ carried out arbitrarily. On the contrary, research and experience has shown time and again that sexual abuse of children is very often a pre-planned, insidious abuse of a relationship by the abuser over the child. Th e fi ndings of this study also support this understanding. 22 Tamil Nadu Police Journal January–March 2008 As per the rese arch fi ndings, the most common tactic used by the abusers against children in order to abuse them is force. Equally relevant to notice in this data are two other often used tactics of abusers—trickery and making the children feel special in order to abuse them and to keep that abuse a secret, besides being blackmailed, given gifts and intimidated. It is important to take note of these tactics because they form the most important part of the process of abuse, and indicate the carefully thought of path that an abuser often takes, in order to fi rst prepare a child for abuse and later, to maintain the abuse. Th is process is known as ‘grooming’, and refers to a series of steps an abuser takes, such as gaining access to the child, developing a relationship with the child, making the child feel special by providing special attention and gifts, gradually beginning to touch the child, eventually leading to sexually abusive acts. Th is process is important from the abuser’s perspective since it allows him/her to build a relationship of power, authority and /or trust with the child. Th is context usually makes it diffi cult for the child to say “no” to acts of abuse, and the abuser is also often successful in giving the child a impression that she/he is a participant in those activities, and/or that these activities must be kept a secret. However, an understanding of this process is very limited among diff erent stakeholders, leading often to a misunderstanding about the nature of sexual abuse itself, and sometimes even to attitudes and actions which are against the interest of the child, such as disbelieving the child, blaming the child for abuse, or ridiculing her/him for not having disclosed earlier. Responses similar to the one boxed below are indicative of this.

“We don’t have courage to say that to our parents. But even if we tell, it is only half of it, not fully.”- Girl, 17 years

January–March 2008 Tamil Nadu Police Journal 23 DISCLOSURE AND SEEKING HELP Considering the insidious and manipulative nature of abuse, relational proximity to the abuser and the potential for stigmatisation within society, disclosing about abuse can be a very intimidating experience for abused children. However, this voicing is an extremely crucial step towards stopping the abuse and at the same time and may also contribute signifi cantly towards healing. Unfortunately, the experience of disclosure of sexual abuse is fraught with fears for many children, arising out of the myths, shame and silence that surround the issue. Th ese fears may range from the fear of losing love since the abuser and the child usually share a relationship, fear of not being believed, fear of being blamed and fear of further harm. Many children responted smilar to the following one.

“I was blackmailed by my cousin brother, and he often forces me to do it (have sex) He used to see me in the wrong way. I was not able to tell this to my father, because my cousin has got a good name in the family. Once I told this to my close friend. She told me, “Th ey won’t do it unnecessarily. Your appearance may have made them like that.”- Girl, 16 years

Such apprehensions in the minds of children regarding disclosure of their abuse also suggest that there has been a failure, to a certain extent, of the adult society and systems to be able to create safe and eff ective support structures, whether in terms of family/community response or professional services for abused children to be able to disclose and have their fears and concerns addressed. Some of the concerns, fears and anxieties that participants had about disclosure were:

24 Tamil Nadu Police Journal January–March 2008 Fears of disclosure 247 250

200

150 109 100 59 69 72 50 12 18 18 0 say secret t guilty t scared Fel Fel

Two or more of these Didn’t know to approach Didn’t wantReputation to tell anyone will get spoilt Didn’t know what/how to Abuser asked to keep it a Didn’t think s/he will be believed

Considering such high prevalence of fears and anxieties among abused children, the fact that most children never disclose their experiences of abuse, must not come as a surprise. Out of a total of 939 children who reported to have been abused, only 360 had ever sought help!

Disclosure by sexually abused children Disclosed Sought help 38%

Did not disclose/seek help 62%

As a corollary to these fi ndings, and knowing that adults cannot always be around children for supervision and protection, it is important to discuss the need for children to be provided with age appropriate and rights based information on sexual abuse, so they can participate in their own protection. Th e lack of such information for children often results in them not having the confi dence to tell, not knowing whom or where to approach for help, and how

January–March 2008 Tamil Nadu Police Journal 25 to tell, factors which then act as obstacles when it comes to breaking the silence and seeking help. Th ese statistics should also be viewed in relation with the response these disclosures were met with. While it is most heartening to observe that almost 40% of children who disclosed were helped against abuse, in one way or the other, it is equally appalling to note that the others were not helped, but instead were disbelieved, blamed or told to keep it a secret.

ResponseResponse towards towards disclosure disclosure

160 147 140 120 100 91 77 80 60 40 16 20 8 11 10 0

med Helped ponse Bla e of these Not believed No res

Nothing changed

Two or mor

Asked to keep it a secret

While raising serious concerns regarding the nature and effi cacy of support available to children, in situations of distress, these fi gures also try to explain to some extent the severe underreporting of violence against children to the formal appropriate authorities, such as the police. It is also interesting to fi nd that most abused children disclosed to their friends. Considering the lack of age appropriate information available to children to understand such violence and participate in protection, and the relative powerless status accorded to children by the larger society, these friends are also usually, not in a position to help their

26 Tamil Nadu Police Journal January–March 2008 friends eff ectively, which then is refl ected in the fact that many children who disclose are not helped, and nothing changes with respect to abuse even after the disclosure. After friends, the study shows that many children disclose to their mothers.

HELP / INFORMATION NEEDED As has been discussed earlier, the resources available to children in terms of information on sex, sexuality and sexual abuse are limited, and so are support structures for help in situations of distress. Th is lack of resources and support was expressed as a concern by the children themselves, when asked about the kind of help or information they would like to receive. Also, these resources and support structures need not always be professional and specialised in nature; with the affi rming and supportive response by the family, community and friends, being of paramount importance as well.

Desired help by children

300 271 250 210 200 170 150 126 112 100 50 0 tion lieve rma

Counselling uality education ention info Someone toSex be Two or more of these

Sexual abuse prev

As is evident, a large number of children want information on protecting themselves against sexual abuse, and on sex and sexuality. In the current scenario, availability of information on both these subjects is severely limited, and many times eff orts to meet these needs of children are met with suspicion and lack of active support from the adults. Such an attitude may then result in children turning to unhealthy and inaccurate

January–March 2008 Tamil Nadu Police Journal 27 sources of information on sexuality; or staying fearful, silent and helpless in the event of occurrence of sexual abuse; both of which have surfaced strongly in this study. Also, it is almost tragic to note that the only help desired by many children is that they wanted someone to believe their experiences of abuse, a strong indicator of the usual response of disbelief towards children’s accounts of sexual abuse.

CONCLUSION Child sexual abuse is one of the most fundamental violations of children’s rights and usually an underlying obstacle, to their overall development. While it is expected that children will be protected by adults and systems, including parents, families, teachers, community, and the State; our study estimates that at least 42% of our children will experience some form of sexual abuse before they reach the age of 18. Th e off enders are usually amongst us—family members, teachers, neighbours, friends, etc. Th ey use trickery, force or exploit their positions of authority. Th ey take advantage of a child’s innocence and unconditional love. Considering that the prevalence rate of sexual abuse is 42% among the mainstream child population that attends formal schooling, the prevalence of sexual abuse for disadvantaged and marginalised population groups of children, if surveyed, may turn out to be alarming. Groups such as institutionalised children, street and working children and children with special needs are even more at risk of being abused, due to their increased vulnerabilities owing largely to their special circumstances. We as adults, have often failed in protection of children, we must now help children, through non-threatening and age

28 Tamil Nadu Police Journal January–March 2008 appropriate means, to participate in their own protection. As our knowledge of the aftermath of sexual abuse of children increases, the need to fi nd ways to prevent and to ensure safety of children from victimisation of any form is paramount. Prevention has increasingly gained recognition as the most prudent and cost eff ective strategy for addressing child sexual abuse. Th e concept of ‘Personal Safety Education’, empowers every child to exercise the right to be safe all the time. It is a methodology that promotes the safety of self against abuse. Th e program is an extension of the safety rules we teach our children, i.e., don’t play with fi re, look at both the sides before and while crossing a road, etc. Besides empowering children to take part in their own protection, it strengthens the ability of those morally and socially responsible for the protection of children, i.e., the State, parents, signifi cant other stakeholders and the larger community. Th e focus of Personal Safety Education is based on three integral components—on the provision of accurate age appropriate information to the child, skills to act on that information and self-confi dence for the courage to practice skills learned. While in India we are just beginning to acknowledge the existence of child sexual abuse, Tulir - CPHCSA has the belief and hope, that it will not be before long that society realises the prevalence with its subsequent and signifi cant impact (and accompanying physical, social and health costs). Th e idea of dealing with child sexual abuse may seem daunting, but it should not overwhelm us. Th e response to child sexual abuse should be handled with a view to increasing awareness, while establishing and implementing sensitive and viable policies and standardised protocols, requiring the convergence of various stakeholder disciplines and systems, to work eff ectively towards the healing of abused children’s body and spirit.

January–March 2008 Tamil Nadu Police Journal 29 RECOMMENDATIONS

z Initiate and execute awareness campaign Th e high rate of prevalence and the dynamics of abuse faced by both girls and boys are in direct contrast to the popular public perceptions, such as “child sexual abuse is rare in Indian society and culture”, “boys do not get abused”, “strangers are the most common abusers”, “child sexual abuse is usually perpetrated by dirty old men”, etc. In order to challenge these misconceptions, and to inform the public about the actual prevalence and nature of child sexual abuse, it is important to initiate and execute a sustained awareness campaign and develop information, education and communication materials, targeting these widely prevalent myths.

z Establish ‘Personal Safety Education Schools have the opportunity and the training to work with large groups of children, especially since most of the ‘awake’ hours of a child are usually spent at school. Recognising this potential, schools should be encouraged to institutionalise ‘Personal Safety Education’, a curriculum for children that aims at prevention of sexual abuse by helping children participate in their own protection through age appropriate information, skills and self-esteem.

z Professionals at the frontline of working with children, such as teachers, medical professionals, school counselors and police personnel should be sensitised and trained to appropriately respond to child sexual abuse, from prevention, detection and management perspectives and helped to address it as a cross-cutting concern within their existing framework of activities with children.

30 Tamil Nadu Police Journal January–March 2008 z Develop and disseminate rights based child-friendly resource materials Th is gap of the availability of child-friendly and rights-based resources for children on child sexual abuse and its prevention should be bridged. Th ey need to be plugged through proactive eff orts.

z Institute a Child Protection Policy Every institution which works with children should develop and adhere to a child protection policy, which would have clear cut guidelines and protocols, which would provide a safe and conducive environment, for both children and their adult caretakers.

z Advocate for child-friendly and holistic police and legal procedures, protocols and services Th ere is a strong disconnect between the prevalence of diff erent forms of sexual abuse and reporting, Investigation and legal procedures to address these abusive behaviours must be overhauled and made relevant and child- friendly. Th e law needs to be made comprehensive and holistic to include all forms of sexual violence against children, both boys and girls. More effi cient and readily accessible medico legal services need to be made available to children and their families. And most importantly, recording of cases must be accepted rather than compromised or settled since the pervasiveness of violence against children is not a refl ection of police inadequacies, but rather a complex crime which is embedded in the larger society. Subsequently, besides building the confi dence in the system, and in turn boosting the image of the police with the public, it will provide the much needed numbers which are essential to infl uence policy and practice. FuG

January–March 2008 Tamil Nadu Police Journal 31 THE CUTTING EDGE— POLICE STATION T. RAJENDRAN, IPS IGP Training

Introduction In the entire police force the most important place for a member of the public or petitioner to get his grievance redressed is the police station. Th e most important person, of course, is the Station House Offi cer. In India, over Rs.2000 crores have been spent on modernising the Indian police in the last ten years. Impressive buildings, vehicles, latest communication, security and offi ce equipment, training facility and a large number of quarters have been added to the infrastructure to enable police to discharge their duties eff ectively at the 15,000 police stations across the country. But, has this objective been realised in full measure? For this, we need to take a look at the day-to-day functioning of the PS, the cutting edge of the police department. A substantial portion of the article that follows is based on the observations aired by participants during a Police Image Project conducted at the Police Training College, Chennai in Aug 2006, in which 100 SHOs of the rank of Inspectors were made to interact with members of the public drawn from various strata of society. Writers, civil activists, trade union leaders, auto rickshaw drivers, representatives of women’s and minorities groups and NGOs, businessmen, lawyers, housewives and media members interacted face to face with these offi cers.

32 Tamil Nadu Police Journal January–March 2008 Th e group discussions were engrossing and revelatory, to both groups, the public and police as well. Despite the wide chasm that exists between the police and the public, the participants did perceive the police as a necessary evil. While most of the observations that follow may apply to the police and police stations all over India, the general drift of discussion refers to the Tamil Nadu police in particular.

PS - Location, appearance and ambience PSs by their very appearance repulse visitors, only the brave and doughty can approach them without fear. PSs are often housed in small dilapidated buildings tucked into narrow crowded lanes, especially in big cities and towns. Th ere are PSs which are still painted a menacing red, at least in Tamil Nadu. Th e premises often are old, small, dingy, claustrophobic and generate awkward smells. Accused in various stages of undress inside the lock up, delirious drunkards lying in a corner, politicians and touts hanging around, rusted mangled remains of seized vehicles inside the compound, can all make a visitor nervous. To recall the observation of a participant in the Police Image Project, “I went to a PS station to receive the valuables which was stolen from our house. I was treated very courteously by the police personnel, off ered a seat and given tea. Yet my fi rst instinct was to get out of the premises as fast as possible, as I felt it was no place for a civilised person. Th ere is something about a PS that is just not friendly, friendly” he said. Th at, sums up the mood of a visitor. Th e PS is certainly not a place for the faint-hearted.

Appearance of police personnel Police personnel come in all shapes, sizes and colour! Th ey often strut around in shabby, unwashed, not pressed uniform, unpolished leather and worn out shoes and socks that may

January–March 2008 Tamil Nadu Police Journal 33 not match. Policemen in uniform often wear slippers at the slightest pretext. One participant had to encounter a head constable in a vest and lungi at three o’clock in the afternoon in a PS. Some sport monstrous moustaches that can easily scare children. Arrogant body language, coarse conversational skills and penchant to treat citizens alike—with little regard to their background, need or predicament is second nature. Courtesy or good behaviour appears alien to the police. Attitude of police personnel Unlike in a bank or any other service agency where a prospective customer or petitioner is able to access the right person, either by a sign board, designation or name plate, the redress his grievance, in a PS the offi cer concerned is not conspicuous. Th e tendency to let a visitor dangle in a confused state inside the PS for some time is also matter of strategy. Looking at name tags would only attract hostility. More often than not, the SHO or the Inspector will not be available and the offi cer next in line will not decide on the registration of the case and will await instructions. Th is brings up yet another controversial issue of immediate registration of FIRs. It is next to impossible to get a polite reply over phone from any police offi cer. It would be too risky to enquire about the identity of the police offi cer speaking. Th e tone and tenor of the police offi cers smacks of authority and arrogance and does not inspire confi dence in the meek and mediocre. Except for hoax calls and rare phone calls which help in investigation, telephone contact is practically nil. Th e beat constable is a bizarre species, utterly speechless and immobile. Interaction with the public is limited to satisfying their basic needs of hunger, thirst and money from shop keepers, platform vendors, hawkers and vulnerable sections of the public. He simply lacks the confi dence to mingle with the public. Nor is he profi cient in tackling law breakers.

34 Tamil Nadu Police Journal January–March 2008 Patrol cars are quick reaction contrivances with no charter of duties of their own. Th ey enhance police visibility, may be even heighten a feeling of security but hardly discharge their duties eff ectively.

Behaviour towards complainants Th e petitioner in distress is initially confused as to who he should approach for his problem. Th e intimidating nature of the PS environs and interior make him diffi dent. Th e fi rst interaction with the police offi cer is always curt, never sympathetic. Th e petitioner is never off ered a seat as a matter of rule and tactic and feels alien and unwanted. Th e SI or the Inspector can only be met after clearance by the writer depending upon the gravity of the problem. Th e Sub-Inspector / Inspector who fi rst listens to the grievance has become a rare commodity later. Repeated visits and after anxious delays, the SI or the Inspector reappears only to disappear again. Th e reason for such a behaviour can be anything ranging from work overload, VIP security, court, patrol, meetings etc., to plain indiff erence and insensitivity. Petitioners who come recommended are either treated royally or given the cold shoulder for having approached a senior offi cer.

Relationship between the petitioner and the Station House Offi cer After the fi rst brush off , a euphemism for reception, the petitioner is in no position to ascertain the status of enquiry. Th e problem may be anything from murder to misbehaviour. Civil disputes however get prompt attention in spite of work load because of their potential. As for a case of burglary, the action taken by the police is never made known to the petitioner for there is neither convention nor courtesy. Th e petitioner is too petrifi ed to ask. Even in cases of accidental

January–March 2008 Tamil Nadu Police Journal 35 deaths or suicides, bodies as matter of routine are released at their own pace. While the dead are in no hurry, those who live do not matter. If a vehicle is involved in an accident, it needs at least half a dozen visits to the PS to get the vehicle released. Nobody wants their vehicles to be in the custody of the police for long. Spare parts, stereo systems and expensive extra fi ttings dematerialise into thin air. Th e petitioner is happy to receive the chassis, if there is one. As for any verifi cation at the PSs, there are two clear options; either it is cash and carry or contacts within and without the department. Th e second will solve the issue but leave behind bitterness. Getting back stolen property from the police can be a torturous process.

In-house Th e police force is akin to a horse which is only as good as its rider. Taking the district as the macro unit and PS as the micro unit, much of the attitude and approach of the police personnel in the PS is refl ected by the offi cer incharge of the district. Th e force is resilient and adapts to its masters in quick time. Recent years refl ect changing trends in the styles of district SPs. Attempting individualism with an eye on personal publicity and popularity, district SPs explore dubious mechanisms in their pursuit of duty. Th e state force fragmented under the various district SPs follow diff erent agenda with diff erent approaches. Th e whims and fancies of the SPs are refl ected in manpower deployment, excess or less to impress politicians, formation of special teams, striking forces that deplete strength and act as extra constitutional organs, worthless experiments, heightened police-public jamborees with no objective or meaningful purpose. Practical training in the district for DSPs, SIs and policemen has been given a go by, with the trainees being used to make

36 Tamil Nadu Police Journal January–March 2008 good the shortage or clear arrears. With no supervision and guidance, the trainees rely more on uniform and weapon rather than their grey matter. In the process, the distinction between the anti-social elements and the public is lost. Th e uniform and weapon become passports to blind authority and barren intellect. Th e SHO who is responsible for the discipline among his personnel is no longer assertive. Smart turn-out, punctuality, daily briefi ng of men, tasking, parade, roll call, explaining bandobust arrangements, debriefi ng, grievance redress, all have been neglected. Wide chasm between men and offi cers at the PS, factions, lack of leadership, poor knowledge and lack of integrity have all weakened the functioning of the PS. An SHO is reluctant to issue a memo to his subordinate fearing reprisal. Most PSs have inspectors as SHOs with two or three SIs and a large number of HCs. Constables are few in number. Roll call which earlier used to be conducted by the SHO, usually a SI, is now not conducted in most PSs. Th e Inspector thinks he is too senior for such mundane duties. Nor does he direct one of the SIs to do it. At times even 307 IPC cases are investigated by the SIs on directions from the inspector. Th e crime wings in the PSs are in a terrible condition with many posts lying vacant. Shortage of manpower and frequent deployment of crime personnel for bandobust further hampers crime work. Crime work is left to the care of incompetent HCs or senior HCs who have nexus with the criminals. Th e hierarchy in the PS has suff ered with lower level promotions being a mess. Norms followed for promotion, of HCs to SI in the last two decades, have varied. Mass time bound promotions from GR II to Gr I, Gr I to HC, and HC to SI have ruined the hierarchy. Many have risen to the post of SI without competence. Th e large number of HCs in

January–March 2008 Tamil Nadu Police Journal 37 the PSs has created a quandary, with hardly anybody being competent enough to become a writer. Th ere are HC sentries. Mass accelerated promotions have added fuel to fi re and demoralised the force. While the scenario described so far might appear depressing, not all has been lost. Th e ground situation is defi nitely improving, but not at a pace which inspires public confi dence. Th e stations are acquiring a new look, training has taken note of the poor image of the police, the constabulary and station level offi ces are put through courses on behaviour and good public relations, public-police interaction is emphasised and last but not the least, the importance and relevance of police as a service agency to the public is stressed upon. In recent years, there has been a rat race to obtain ISO certifi cation, which offi cers feel is panacea to all the police and public ills. So, what is an ideal police station? Do they exist at all? Is it possible to lay down the criteria that go into the making of such a police station? And where do we begin? At a seminar on training at the National Police Academy, three features of good training were emphasised—a congenial class room, the role of the instructor, mode of instruction and training need analysis. Replicating the model to a PS, the following criteria could make up an ideal PS.

z PS should have an attractive physical appearance in an easily accessible location.

z Nearest PS should be the jurisdiction PS as far as possible.

z A room with good ambience (informal furniture), located away from the main PS but within the same compound is a must for receiving petitioners. It should be manned round the clock and have phone/fax/ computer facilities.

38 Tamil Nadu Police Journal January–March 2008 z Th e petitioners should be kept away from the main PS premises as a matter of rule.

z Th e reception offi cer should be in civilian clothes and act as liaison offi cer for all complainants at all times. His personal phone number should be made available to all complainants who approach the PS.

z Delays and making the petitioner visit the PS repeatedly should be avoided at all costs.

z Offi cer incharge of the reception should be senior enough to decide on the immediate registration of the case, and not await orders from above.

z Constabulary should not be allowed to handle petitioners.

z Any request for certifi cate or verifi cation should be done quickly and the petitioner informed over phone. Deadline should be fi xed and adhered to.

z In accident cases, bodies and vehicles should be released within 24 hours.

z Return of stolen property should be prompt.

z Progress of investigation in grave cases should be informed to the petitioner from time to time over phone.

z Th e reception should also double up as a call centre to answer all questions from the public. Well, it may look like a tall order, but it is one that is worth climbing to reach the hearts of the public, who forever would remain the most important customer of the police service. FuG

January–March 2008 Tamil Nadu Police Journal 39 ECONOMIC OFFENCES WING OF TAMIL NADU A Unique Experience in Policing ARCHANA RAMASUNDARAM, IPS ADGP, Administration

It was on June 12, 2006 that I assumed charge as the Additional Director General of Police, Economic Off ences Wing at Chennai. After a four year stint as the Joint Director, EOW, New Delhi in the CBI, where I had the opportunity of handling many important cases, I was indeed curious to fi nd out, what a similar job in the state had in store for me! Much to my pleasant surprise, the task turned out to be quite diff erent, but equally rewarding. I worked in this post till January 21, 2008 and moved subsequently to an entirely diff erent scenario as the ADGP, Administration. As I look back at my days in this assignment, I am fi lled with a strong sense of satisfaction. Contrary to the popular perception in the department and my own expectations, I found suffi cient workload and job satisfaction. What gave an edge to this job was its positive character and the immense scope to help people in distress. One had to go beyond the cases and attend to the humanitarian issues involved. In the process, I learnt a lot about the vulnerability and hardships faced by the victims of such frauds, majority being senior citizens.

40 Tamil Nadu Police Journal January–March 2008 Recapitulating these experiences, involves a look at certain related facts. I begin with the organisational structure; the Economic Off ence Wing is headed by an ADGP whose mandate is to supervise three wings—EOW (Economic Off ences Wing), CCIW (Commercial Crime Investigation Wing) and the Idol Wing. ADGP/EOW is assisted by two IGs, four SsP and other supporting staff . While the IGP/EOW- I supervises the CCIW (Commercial Crime Investigation Wing) Units and the Idol Wing, each headed by a SP, the IG/ EOW-II and his two Superintendents of Police monitor the functioning of the EOW-II Units. Idol Wing is a single unit located at Chennai with state wide jurisdiction but the CCIW and the EOW have 32 and 16 units respectively, functioning in various districts. One interesting fact about the EOW of Tamil Nadu is that this is an amalgamation of three distinct units created at diff erent points of time. Th e CCIW was the fi rst to be constituted more than three decades ago, in the year 1971, with an objective to investigate off ences relating to defalcation of funds in co operative societies. Th e Idol Wing CID was formed much later in the year 1983 to handle important idol theft cases. Initially a part of the Crime Branch CID, this unit has had certain excellent detections to its credit. However, it was the creation of the Economic Off ences Wing in December, 1999 which gave a defi ning character to the overall setup. It will not be an exaggeration to say that this constitutes the core of the entire unit. Not only the unit has investigated complex economic off ences, some of these being mega scams, it has played a major role in enforcing the TNPID (Th e Tamil Nadu Protection of Interests of the Depositors (In Financial Establishments) Act, 1997. Th is special legislation was passed by the state government following a spurt during the 1990s in cases of fraud and cheating perpetrated on lakhs

January–March 2008 Tamil Nadu Police Journal 41 of unsuspecting depositors. Several fi nance companies of varied hues—incorporated, unincorporated, nidhi, chit and others like plantation companies and jewellery shops— closed their shutters, in the process embezzling many a depositor’s hard earned money. Th e modus operandus was to lure public with unrealistically high rates of interest and then default in repayment, leaving the investors in the lurch. Th eir strategy of attracting public by glossy brochures and catchy advertisements ensured that many people, including well educated and government servants, fell into their trap and parted with their savings. What added to the irony was the fact that these violations were committed by the so-called highly placed groups like SPIC (MCC Finance to the tune of Rs 183.7 crore), Balaji (RBF Nidhi: Rs 490 crore), Anubhav Plantations (Rs 327 crore), Madras Motor Finance, the Sanmac Finance and Synergy Financials together belonging to P Rajarathinam’s Agni group (Rs 172 crore), Alwarpet Benefi t Fund (Rs 120 crore), Devi Gold House, (GNS Nidhi : Rs 42 crore), IGGI Resorts (Rs 65 crore), Park Town Benefi t Fund (Rs 120 crore) Fidelity Finance, etc. Needless to mention, the regulatory mechanism had failed miserably to caution the people or put in place strong measures against such deviant fi nancial establishments. Th e police could take action against them only under the IPC. But as this did not prove eff ective, the state government took the initiative of enacting the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, in the year 1997. With the passage of this act, Tamil Nadu became the pioneer state in the country to have created a specifi c law to deal with this menace. (Other states like Maharashtra were to follow this example.)

42 Tamil Nadu Police Journal January–March 2008 Another turning point came with the intervention of the judiciary. In 1999, the Madras High Court, while hearing the Company petitions nos. 479 and 480/99 relating to M/s. Anubhav Plantations Ltd, expressed serious concern about the alarming increase in the cases of large scale cheating and fraud committed by several fi nancial institutions and directed the state government to form a specially dedicated police unit headed by a senior police offi cer, to deal with such cases. Accordingly, the Government of Tamil Nadu sanctioned the Economic Off ences Wing (Financial Establishments) on 24.12.1999. Th e unit started functioning with eff ect from January 1, 2000 under the charge of a DGP. Th e CCIW and the Idol Wing were also brought under the control of the DGP, Economic Off ence Wing at the same time. Apart from invoking the IPC and the Prize Chits & Money Circulation Scheme (Banning) Act 1972, the EOW has made liberal use of the provisions of the TNPID Act. TN Protection of Interests of Depositors (In Financial Establishments) Act, 1997, is arranged into fi ve chapters, covering 15 sections. Th e Act, passed by the state government in public interest, not only prosecutes those fi nancial entities which commit default in repayment of deposits but also attaches their properties with an object to ensure refund to depositors. Ever since its enactment on August 8, 1997, the Act has been amended thrice on June 17, 1999, October 3, 2003 and February 27, 2004. Section 3 gives wide powers to the state government to pass ad interim order attaching the money or other property of a fi nancial establishment if complaints of default in return of deposit after maturity are received from a number of depositors or the government has reason to believe that the fi nancial establishment is acting in a calculated manner, with an intention to defraud the depositors.

January–March 2008 Tamil Nadu Police Journal 43 Section 4 is another important provision under which the government can appoint one or more competent authorities to exercise control over the properties attached by the government under Section 3. Th e ‘competent authority is vested with the powers to take possession of the properties of the accused attached as per the ad interim order of the state government, approach the court to make it absolute and order its auction in order to disburse the sale proceeds among the depositors. Earlier the Additional Commissioner of Land Administration was the competent authority but since 2004, District Revenue Offi cers have been notifi ed as the competent authorities. Th e punishment stipulated is quite stringent; as per section 5, if any fi nancial establishment fails to repay the deposit or interest (or fails to return in any kind, or fails to render service for which the deposit has been made), every person responsible for managing its aff airs, shall be punished with imprisonment for a term which may extend to ten years and with fi ne which may extend to one lakh rupees and such fi nancial establishment is also liable to pay a fi ne which may extend to one lakh rupees. Section 6 refers to the constitution of one or more courts by the state government for the purpose of trying the cases under this Act, including the attachment proceedings. Section 5 A, inserted by TN Act 30 of 2003, empowers the Competent Authority to compound the off ence punishable under section 5. Th is amendment aims at providing early relief to the depositors, by dispensing with expensive and time-consuming process of trial. Although the role of the enforcement agency is not specifi ed, the EOW has played an important role in identifying the properties of the accused and sending proposals to the Home Department for issue of ad interim attachment orders. After such orders are issued by the government, the EOW offi cials

44 Tamil Nadu Police Journal January–March 2008 have assisted the Competent Authority in discharging their duties under the Act. Th e Wing has also prosecuted a number of cases successfully before the TNPID Court and obtained good convictions. Th e amendments in the year 2003 extended the scope of the Act to include a company registered under the Companies Act, 1956. Th is change had a very welcome impact as it enabled the EOW to take up the cases against such fi nancial establishments also. But these amendments also led to some doubts about the legal competence of a state government to legislate on this aspect. Although the constitutional validity of TNPID Act was upheld in the year 1999 itself by the Hon’ble Justice Th iru. Sathsasivam of Madras High Court, this was again questioned in the light of these amendments. Th e challenge this time was more serious, as in the meantime, the Bombay High Court had declared the ‘Maharastra Protection of Interests of Depositors (in Financial Establishments) Act 1999’ as ultra vires. Th e TNPID Act was also contested by certain petitioners who claimed that the state lacked legislative competence and that these provisions were already covered by the central laws. An interim stay was granted by the Madras High Court against the TNPID Act in June 2006. Th is court order brought the progress of a large number of important cases handled by the EOW to a standstill. Not only the trial of the pending cases suff ered, but attachment proceedings also came to a halt, causing distress to lakhs of depositors. Th e number of complainants approaching the EOW every day for early refund multiplied and at times, it became quite diffi cult to assuage their frustration. What was worse, most of the people coming to us were very old people, in urgent need of money for their medical expenses.

January–March 2008 Tamil Nadu Police Journal 45 Based on our request, the Home Department requested the Advocate General to personally appear in this case and get the stay vacated. We had several sessions with the Advocate General and his team during which we provided a whole lot of facts and statistics for preparing a comprehensive counter. Our eff orts did not go in vain; the constitutional validity of the TNPID Act was once again upheld on March 2, 2007. Dismissing the petitions against the Act, a Full Bench of Madras High Court, comprising Justice Th iru.P.D.Dinakaran, Justice Th iru. P.P.S. Janarthana Raja and Justice Th iru. K. Chandru, said: “We have no hesitation to hold that the Legislature is perfectly justifi ed in coming out with the impugned Act, so that the tragedy of the victims, who have been exploited by the white-collared, organised crime of the fi nancial establishments and the persons managing their aff airs, can be remedied.” Th e court was of the view that the State Government had rightly provided for a special machinery and judicious mechanism to attach the properties of the fi nancial establishments or the persons involved, including mala fi de transferees. “Th e State, being the custodian of the welfare of the subjects, cannot be a silent spectator without fi nding a solution for this gruesome plague.” Th e Hon’ble Court also took note of the fact that 1194 cases were reported, in which about 19 lakh depositors were duped by various companies. Of these Rs. 1,925 crore deposits, Rs. 763 crore had been refunded but a sum of Rs. 1,163 crore was yet to be refunded. Th erefore, the Court endorsed the State Government has enacted the impugned legislation to plug loopholes in existing laws for curbing the mushrooming growth of fi nancial establishments which were grabbing money from the public by promising fabulous interest.

46 Tamil Nadu Police Journal January–March 2008 Th is judgment brought cheer to lakhs of depositors and paved the way for resumption of attachment proceedings and criminal action against the erring fi nancial institutions. For us in the EOW, this acted as a much awaited energiser which strengthened our determination to pursue the pending cases. We went ahead, with renewed enthusiasm, with several rounds of meetings with the depositors. Th is became necessary as a large number of petitioners were coming to the EOW offi ce every day. Hence, it was decided to meet them together, so that, we could inform them about the steps taken by the EOW and also advise them on how to approach other authorities such as Offi cial Liquidator, Court-appointed Administrators, etc. Th e depositors, in spite of their old age and poor health, turned up in large numbers and voiced their grievances. We were overwhelmed by their response. I still recall those touching images vividly! A physically disabled depositor in a wheel chair, a visually challenged person accompanied by his aged father, and an elderly woman chaperoned by her widowed daughter-in-law and grand-children, all in tears! Th is indeed was a learning experience for me; it was as if the human tragedies behind those case fi les had come to life. We were also shocked at their lack of awareness even about the basic details i.e. which offi ce they should contact. Th us, these meetings were also used for providing them with the contact details such as name, address and phone numbers of the authorities concerned like Offi cial Liquidator, District Revenue Offi cers, Special Offi cers, Administrators, etc. Th e meetings proved to be quite useful. Th e EOW offi cials reached out and helped these people wherever they could. Th e Wing acted as a bridge between the aggrieved depositors and other offi cial agencies. Th e petitions forwarded by the EOW were looked into on priority by most of these offi cials and a number of claims settled, particularly in the cases relating to Anubhav Plantation and Park Town Benefi t Fund.

January–March 2008 Tamil Nadu Police Journal 47 In continuation of our eff orts to keep the people informed, we launched our web site www.tneow.gov.in in March, 2007. As a part of our endeavour to network with other stakeholders, we enhanced our interaction with the District Revenue Offi cers, the competent authority under the TNPID Act. Th e practice of having combined reviews was started in order to expedite action at their level. District Collectors were also requested to pay more attention to this aspect. As a result, the implementation of this Act improved. To cite an example, although the Act was enacted in the 1997 itself, the fi rst ever auction of any immovable properties was conducted with the court orders by the District Revenue Offi cer, Madurai in October, 2007, in which properties worth Rs. 17.49 lakhs were sold for a much higher amount at Rs. 47.28 lakhs. Even the overall repayment to the depositors showed an impressive increase; compared to the refund of Rs. 43.27 crores in the year 2005, the repayment during the year 2007 touched Rs 118.28 crores. EOW also organised a workshop for the DROs in November, 2007 at the Police Training College, Chennai. Th is not only improved their understanding of their role under the Act but also provided crucial feedback to us about their constraints. Th ere was a consensus that certain provisions of the TNPID Act needed to be further amended, as these resulted in avoidable delay and acted as a stumbling block, in the process of refund of money to the aff ected depositors. For instance, the competent authority had to obtain the orders of the Special Court at several stages. Even after auctioning the attached properties and realising the sale proceeds, the competent authority had to seek the orders of the Special Court for disbursing the dues. Th ere were cases pending before the TNPID Court at this fi nal stage for years together, causing mental agony to a large number of depositors. As

48 Tamil Nadu Police Journal January–March 2008 most of the victims were elderly people, this was a classic case of, “Justice delayed is justice denied.” Th erefore, the EOW sent a proposal to the Government for bringing necessary amendments to the Act. Th at there was only a single TNPID Court at Chennai, functioning for the entire state it was another major cause for delay in disposal of the cases. Although two additional TNPID courts were sanctioned in the year 2006 itself, one each at Madurai and Coimbatore, these were yet to commence functioning for want of several formalities. We took up the matter with the State Government and also with the Registrar General, Madras High Court. After considerable eff orts, the GO, delineating the jurisdiction of these Courts, was issued in January, 2008. On April 7, 2008, one of the two newly sanctioned Special Courts under the TNPID Act was inaugurated at Madurai by Th iru. P.D. Dinakaran, Judge, Madras High Court. On this occasion, he recalled that the Full Bench of the Madras High Court presided over by him had upheld the validity of this act. He also reiterated that this act was a boon to thousands of investors, who were cheated by dubious fi nancial establishments. Although the fi nal verdict in the matter is still pending before the Supreme Court, these words of the Hon’ble Judge are indeed very encouraging to the lakhs of elderly victims, awaiting justice for long!

FuG

January–March 2008 Tamil Nadu Police Journal 49 E-GOVERNANCE— AN OVERVIEW AMIT VARMA, IPS AGDP / PO TNPA

The quality of governance is a vital yardstick by which the potential of a State has always been judged both internally and externally. Historically, as the civilizations expanded and evolved, their requirements and expectations became increasingly complex, bringing a wide spectrum of issues within the ambit of governance. In the modern context, with the backdrop of rapid economic globalisation and modernisation, owing to a sustained technology explosion, governance has taken an entirely new dimension and connotation. Good governance today does not merely imply eff ectiveness and effi cacy, but also, in equal measure, equity in development and responsiveness to the emerging social needs. Th e policy makers need to have a long term vision, to be attained through a strategy involving participatory management, public interfaces and partnerships. Th e government is expected to be accountable and act in an open and transparent manner. And these goals and outcomes cannot be attained in any milieu, unless the rule of law prevails. Th e concept of e-governance, in simple terms, is to employ the Information and Communication Technology (ICT) as a key tool to ensure good governance. In its expanded form, e-governance encompasses much more than mere provision of online services, as commonly perceived, but seeks to

50 Tamil Nadu Police Journal January–March 2008 utilise ICT for formulating strategic policy planning and implementation of related programmes. As in many other areas, in the domain of e-governance too, India suff ers from strange contradictions and dichotomies. On the one hand, the country has been recognised worldwide as a leading supplier of skilled human resources, especially in the BPO/KPO sector, while on the other, the e-governance initiatives within the country remain few and far, between grossly adequate and qualitatively mediocre. Most of the existing initiatives seek to address the effi ciency and management concerns and have not yet been tried out in areas that could improve quality of life. It was only in 2003 that a National e-governance Plan was launched in India, which, in a time span of fi ve years, sought to lay the foundation for sustained growth of e-governance within the country. Th e objective of the plan was to make all government services accessible to the common man through an integrated service delivery system; ensuring convenience, effi ciency, transparency and reliability. By 2003, several e-governance initiatives launched by the states had become operational, most of which concentrated in the spheres of automation and computerisation; practically all the Indian states and union territories put up their own offi cial web sites, and many states initiated e-based services.

z E-seva of Andhra Pradesh started as an e-service initiative running through self-help groups of women in the villages, with a plan to cover all municipalities of the state.

z Th e Bangalore City Corporation introduced a Fund Based Accounting System (FBAS) as a strategic management tool, for its local government. Th is system, called ‘PROOF’ (Public Record of Operations and Finance), provides the quarterly statement of the corporation to the public, to enable them to assess the fi nancial performance of the body.

January–March 2008 Tamil Nadu Police Journal 51 z Some states introduced e-services that increase productivity and income of communities, such as Warana, Maharashtra, and DISK, Gujarat.

z In Karnataka, e-guidance was provided in the area of agriculture extension to ensure improved returns for produce through an e-service, called ‘Krishi Marata Vahini’,

z In the health sector, telemedicine projects were introduced in Maharashtra and Andhra Pradesh,

z Some experiments in e-service facilities in education included projects such as ‘Head Start’, Madhya Pradesh; ‘Community Learning Centre’, Karnataka and ‘Akshaya’, in Kerala,

z Th e India Health Care project, Rajasthan utilised IT based tools for planning and decision-making. While these eff orts per se were commendable, the need to evaluate them on the national platform and to assess their suitability to be adapted to the requirements of various states remained.

E-governance and the National Knowledge Commission (NKC) Th e National Knowledge Commission (NKC) considers introduction of e-governance as an opportunity to bring about administrative reforms through Information Technology and infrastructure. NKC’s recommendations on e-governance can be summed up as follows: Redesign existing structure and processes: NKC feels that there is now a unique opportunity to reengineer and modernise government processes to build a new India of the 21st century. Th e fi rst step should be to redesign the existing

52 Tamil Nadu Police Journal January–March 2008 government processes, making them citizen oriented and friendly to stakeholders; the vestiges of colonial control should be eliminated and service delivery should become simpler, faster and easy. It should also provide traceable records; enable enforcement of individual performance, accountability, effi ciency and productivity, as well as transparency of policies and processes. To make an immediate impact, identify and simplify 10 to 20 important processes and services, which are cumbersome, bureaucratic and prone to unnecessary delays and corruption; these services could include birth certifi cate, death certifi cate, proof of residence, and ration/ID cards. Other processes can be added over a period of time. Th is approach will require each state to implement these processes in concert and learn from one another. Common standards: It should be developed as far as possible to be applied uniformly in all states. Th ese standards, should be designed by teams of knowledgeable experts from the government, IT sectors, academia, R&D institutions, stakeholders etc. All state governments should follow these uniform standards. Th ese standards could cover critical areas such as voting, taxes, certifi cates, fi nancial products, law enforcement and welfare for individuals, properties of land, institutions, businesses, etc. Th ese standards should enable easy participation by any State, Panchayat Institution, business, NGO, etc. Best practices and lessons from the past: A great deal of work has already been done in various central ministries and in state governments. Th e key is to learn from these and design best practices that are aff ordable and applicable nationwide to ensure ease of use and interoperability. Th e government’s own offi ces, laboratories, and directorates have an immense amount of useful and relevant data, which needs to be

January–March 2008 Tamil Nadu Police Journal 53 digitised and made publicly accessible for use and analysis. Data collected by one agency should be made available across all agencies as well as to the public, subject to national security considerations. Create a national secure broadband infrastructure and hosting facilities: It which should be based on a ‘user pays’ principle and public/private partnership in investments and mutual accountability and effi ciency. Th is infrastructure creation should be led by the central government to enforce a high level of security, uniformity and standards at every interface. Web based services: To enforce standards and to keep the governance uniformly responsive and transparent, state governments should use templates created by the central government to off er localised data and services in Indian languages. In this model, the private sector can invest in creation of access infrastructure and building relevant business models for user fee collection and its sharing, across all stakeholders, to ensure sustainability and adaptation for future needs. Open source software: Implementations and open standards should be encouraged wherever possible. Th is will enable cost eff ective solutions and help improve scaling up and minimise delays caused by repeat tendering. Specialist CITO (Chief Information Technology Offi cer): Each state and major central government department must create a post of expert chief information technology offi cer. New national programmes: Programmes such as Bharat Nirman, Rural Employment Guarantee Scheme, urban development initiatives, etc. should begin with well engineered e-governance implementation and web interface that ensures speedy delivery, productivity and effi ciency.

54 Tamil Nadu Police Journal January–March 2008 Focused organisation: Create an organisation with a Chief Executive Offi cer (CEO), with board members drawn from the IT industry and government to redesign processes and procedures. Th e task of this organisation should, inter alia include, administrative reforms related to process re- engineering; providing and maintaining common national ICT infrastructure for e-governance; providing leadership and framework for implementation; and providing a neutral consulting framework and standards for e-governance with the help of CITOs. As a next step, NKC recommends focusing on the organisational issues related to re-engineering government processes, with strong committed leadership, autonomy, fl exibility, clarity of purpose, predefi ned deliverables, measurable milestones and periodic monitoring in order to implement the national e-governance programme, within three to fi ve years.

E-governance—Some Recent Developments A recent survey, (Dataquest-IDC e-governance Satisfaction Survey 2008) focuses on the citizens’ satisfaction with e-governance, measured by satisfaction with the ease of use, and availability and quality of e-governance services provided by the state governments. Th is survey ranks various states on the basis of their users’ satisfaction level, and the overall e-readiness of the governments. Th e study indicates that e-governance initiatives in the country have generated a healthy competition between states. While the total number of e-governance projects has increased, there is a need to make them speedy, effi cient and user friendly with wide access and reach. Th e survey indicates that while the central government has enabled a positive environment which has nurtured e-governance in states, sustained eff orts

January–March 2008 Tamil Nadu Police Journal 55 are required to reach the optimum level of user satisfaction. Some of the schemes approved by the government include: the State Data Centre Scheme with a total outlay of Rs 1,623 crore; the Capacity Building Schemes with an outlay of Rs 313 crore; the State Wide Area Networks with an outlay of Rs 3,334 crore and the Common Services Centres Scheme with an outlay of Rs 5,742 crore. Th e recent Budget has added further momentum to e-governance. It includes an increase in allocation to the IT department from Rs 1,500 crore to Rs 1,680 crore and the scheme to establish 1,00,000 broadband internet enabled Common Service Centres (CSCs), State Wide Area Networks (SWANs) and state data centres. Breaking down individually, the fi nance minister proposed to provide Rs 75 crore for the CSC, Rs 450 crore for SWAN and Rs 275 crore for the State Data Centre projects that are being implanted under the National e-Governance Plan (NeGP). While Delhi, Goa, Chhatisgarh, Tamil Nadu and Kerala topped the list, UP, West Bengal, Haryana, Gujarat and Jharkhand were found lagging behind. Th e biggest gainers from the past year have been Himachal Pradesh, Uttar Pradesh, Chhattisgarh and Rajasthan, while Gujarat, Karnataka, Haryana and Uttarakhand lost due to a decrease in satisfaction with the quality of government services. Among the top fi ve states, Chhattisgarh, Tamil Nadu and Kerala have jumped up signifi cantly compared to the previous year. Punjab and Rajasthan too have taken a jump of over 8 ranks to come at positions 10 and 11 respectively this year. On the overall citizen satisfaction score, Delhi tops the e-readiness score, the other three in the Top 5 of overall citizen satisfaction include Chhattisgarh, Rajasthan and Maharashtra. In the overall satisfaction levels for e-governance services for

56 Tamil Nadu Police Journal January–March 2008 businesses, Tamil Nadu tops the list, closely followed by Chhattisgarh. Th e others that follow are Delhi, Maharashtra and Kerala.

E-governance in Tamil Nadu In Tamil Nadu, an exclusive e-governance agency has been formed under the Information Technology Department with a mandate to drive e-governance in the State. Recently, the Chief Minister of Tamil Nadu declared that fi ve districts – Krishnagiri, Tiruvarur, Perambalur, Ariyalur and Coimbatore will be brought under the e-governance project to ensure eff ective delivery of services. Th e project envisaged delivery of all government services in an integrated manner, at the doorsteps of the citizen, at an aff ordable cost. Some of the noteworthy e–government initiatives operational in Tamil Nadu are as follows:

z Registration Department Network (REGiNET): It is a dedicated network in which the data available in registration offi ces become shareable. Th is enables the registrants to approach the nearest Sub Registrar Offi ce and avail the services. Th ere are three such centres functioning in the State from Chennai, Erode and Tuticorin. Th e REGINET Centre provides several online services through a project called ‘STAR’ (Simplifi ed and Transparent Administration of Registration), which provides computerised facilities such as archival of documents by scanning and storing on compact disc, issue of encumbrance certifi cate, issue of certifi ed copies of documents already scanned, preparation of property valuation statement and registration of marriage/societies/fi rms/monitoring chits. Th e department’s Website also provides guideline values for all the areas.

January–March 2008 Tamil Nadu Police Journal 57 z Rural Access to Services through Internet (Rasi Maiyam): Th ese are communication centres linking Panchayat offi ces, set up for e-governance and as nodal points for best practices dissemination. Various services such as villages database, networking with district/ block level departments, online petitions submission, SHGs database, progress of work at block level, buy/sell database, PDS allocation, market prices, land records, etc. are being off ered. Th e RASI network is maintained in districts by an active collaboration of the district administration, an NGO and entrepreneurs/self help groups from the district.

z Vidiyal Information Service Provider (VISP): Th is project is aimed at empowering the weaker sections of the rural community through the use of ICT and to create rural techno entrepreneurs through the existing microfi nance network of ASA. VISP centres provide several services including prices of agricultural commodities, rural market places, matrimonial services, educational services, healthcare services, grievance redressal provision of government forms, etc. VISP was launched in six villages in phase I of Th iruchirapalli District, by Activists for Social Alternatives. ASA- Grama Vidiyal off ers a combination of fi nancial products aimed at the economic empowerment of poor women. ASA-GV also off ers life insurance to its members, in collaboration with private insurance companies.

z Village Resource Centre ISRO-MSSRF VRC project: It provides services, including tele-medicine, tele-education, remote sensing online decision support, interactive farmers’ advisory services, e-governance services, weather services and water management applications through a VSAT (Very Small Aperture 58 Tamil Nadu Police Journal January–March 2008 Terminal) based network. Each centre is equipped with computers and PCO booths. At present, 10 Village Resource Centres function from Annavasal, Chennai, Chidambaram, Manamelkudi, Nagapattinam, Nagercoil, Sempatti, Th angachimadam, Th iruvaiyaru and Wayanad.

z Tamil Nilam: It is a project which provides land related e-services, such as issue of Chitta Extract (Record of Right) / Adangal Extract etc. Th e project envisages the creation of a master database, containing plot wise and owner wise details of land, crop, revenue, etc. Touch screen kiosks have been installed in 127 taluks in the State from which land owners can view their ownership details and get a copy of Chitta Extract (Record of Rights). Facilities are available to view and obtain copies of birth certifi cates, death certifi cate details, etc. Several other services, including information on welfare schemes of Revenue Department, Distress Relief Scheme (DRS) Approval / Seniority Status, Land Transaction Status, Electoral Roll data, etc. are also available.

z Th e Electronics Corporation of Tamil Nadu (ELCOT): It has recently tested the fi rst e-governance project on its open source software in Tier-I locations of the State, for the Civil Supplies Department on TN State Wide Area Network (TNSWAN).

z Th e police department in Tamil Nadu has made a beginning by adding some interactive online features to its re-designed website. Th e objective is to introduce user-friendly features which will enable the users to access their pending licences, etc., online and also empower them to register their complaints through the web.

January–March 2008 Tamil Nadu Police Journal 59 Tamil Nadu has emerged as a major e-governance savvy state mainly due to a pro-active approach of the government towards introducing ICT into governance as well as a relatively high literacy rate, which makes e-governance more accessible to the masses. However, sustained eff orts are required to be taken, to maintain this level and to build on it. As recommended by the National Knowledge Commission, it will perhaps be a good idea to identify 10 to 20 services and procedures, where reforms are required the most, and set about reforming them by simplifying the procedures and making the services user-friendly, transparent and accessible to the masses. Th ese initiatives will surely have a lasting impact on the quality of governance. FuG

Law & Humour

Two teenagers arrested for breaking into a school were taken to the local police station. Th e desk sergeant advised them that they were entitled to one phone call. Half an hour later, a man entered the station. “I assume you’re the kids’ lawyer?” said the sergeant. “No way”, said the man, “I am here to deliver a pizza.

60 Tamil Nadu Police Journal January–March 2008 ASSET FORFEITURE S. RAVI Competent Authority, Department of Revenue, Govt. of India

Asset Forfeiture of late has become an important tool in the enforcement of drug law. To understand how this asset forfeiture has come into the NDPS Act, 1985, we have to trace to the history of evaluation of various drug laws. Th e statutory control over drugs were earlier controlled through,

z Th e Opium Act, 1857

z Th e Opium Act, 1878

z Dangerous Drugs Act, 1930 Th ese enactments were limited in application as they did not provide power for the investigation of off ences. Simultaneously, various nations felt that there should be a united approach to face, and to arrest the menace posed by drugs. As a result there have been three conventions under the aegis of the United Nations. India is also a signatory to all these three conventions. Th ese three conventions are: a. Convention on Narcotic Drugs, 1961 b. Convention on Psychotropic Substances, 1971 and

January–March 2008 Tamil Nadu Police Journal 61 c. Convention against the Illicit Traffi c in Narcotic Drugs and Psychotropic Substances, 1988 As a result of these conventions, the member countries were obliged to frame their Drug Laws on a uniform basis. Th e fi rst convention in 1961 acknowledged the fact that the measures against the drug abuse should be coordinated and universal. Th e preamble further stated that, the member countries to the convention were “concerned with the health and wealth of the mankind” and were “conscious of their duty to prevent and combat the evil of drug addiction.” Th e 1971 Convention recognised the use of psychotropic substances for medical and scientifi c purposes. Hence, it was determined to consider rigorous measures to combat abuse of substances and to come down heavily on the illicit trade. In both these conventions, it was decided that drug abuse should be treated as a punishable off ence, with imprisonment and other penalty. Th us the emphasis was on ‘deprivation of liberty’. However, the convention in 1988 made a remarkable departure to the approach, to arrest the spread of drug menace globally, as it was felt that the magnitude and other rising trend in the illicit production and distribution, posed serious threat not only to the health and welfare of the human beings, but also started aff ecting the economic, cultural and political foundations of society and further threatened the stability, security and sovereignty of states. In this convention, it was decided that suppression of illicit traffi c should be accorded the highest priority. Taking cognisance of the fact, that illicit trade off ered large fi nancial profi ts, the emphasis was shifted from ‘deprivation of liberty’ to ‘deprivation of wealth’. Th e convention urged the member nations to proceed against the illegally acquired properties of the off enders, so as to dissuade them from the criminal activities and also eliminate the main incentive for doing so.

62 Tamil Nadu Police Journal January–March 2008 In this convention it was further urged that the burden of proof to be shifted i.e. the burden of proof would be upon the off ender to show that he did not indulge in drug off ence, in accumulating his wealth. Th ough the NDPS Act came into being in 1985, subsequent to this convention, India brought another legislation called ‘Prevention of Illicit Traffi c in Narcotic Drugs and Psychotropic Substances (PITNDPS)’ Act, in 1988, as a preventive detention. It also brought Chapter VA which relates to Asset Forfeiture in the NDPS Act. Th e mechanism of forfeiture in this chapter, has been spelt out as a self contained code. A legal obligation has been cast upon the empowered offi cers under Section 42, to identify the illegally acquired assets and notify the same to the competent authority for the purpose of forfeiture. Th e competent authority is a zonal head. India is divided into four zones for this purpose viz., North, South, West and East. Th e four southern states along with the Union Territories of Lakshadweep and Pondicherry come under the jurisdiction of Competent Authority, South Zone, stationed at Chennai. Th e Competent Authority is an offi cer of the rank of Joint Secretary to the Government of India and appointed under Section 68-D of the NDPS Act. Forfeiture of property is considered only in certain circumstances of drug abuse as narrated below: i. Any person who has been convicted for an off ence is punishable with imprisonment of 10 years or more. ii. A person who has been convicted for a similar off ence outside India. iii. A person against whom an arrest warrant has been issued for an off ence, punishable with an imprisonment of 10 years or more. iv. A person on whom detention order under Prevention of Illicit Traffi c in Narcotic Drugs and Psychotropic Substances (PITNDPS) Act, has been made.

January–March 2008 Tamil Nadu Police Journal 63 Th e statute enjoins every offi cer empowered under Sections 42 and 53 and every offi cer incharge of a police station, to proceed to trace and identify illegally acquired properties / assets of any person, who becomes punishable as indicated above. It is a common knowledge that such wealth creation, is not related to the off ender alone. In order to avoid the detection, the wealth is normally created in the hands of relatives and associates. Hence the law envisages the forfeiture of the properties in the names of relatives and associates and there is a broad and clear defi nition of relatives and associates spelt out in the statute. It is also a common knowledge, that the legal process will take a fairly long time to get a proper conviction for drug off ence. In the mean time, the off ender may part with the property. Hence as a provisional measure, the empowered offi cer can attach the property, in the form of an order of seizing / freezing under Section 68 F. Once such action is taken, the off ender cannot part with the property. Th e Act further declares that any transfer or alienation of property, after such order is null and void in the eyes of the law. Forfeiture order can be passed only after detention under PITNDPS Act is made or conviction of more than 10 years under NDPS Act, 1985 is obtained. If the off ender is in possession of a number of properties, then it is desirable that a detention order under the provisions of PITNDPS Act is taken for expeditious action for forfeiture. Th e forfeiture of properties is entirely in the domain of the proceedings of the Competent Authority. Here also the law is enacted heavily against the off ender. Th e burden of proof is on him to prove that the properties were acquired through legal sources. In case he fails, the properties are deemed to be acquired through illegal sources. Th e Competent Authority is also given powers of a Civil Court in carrying out the legal

64 Tamil Nadu Police Journal January–March 2008 duties. Th e proceedings before the Competent Authority is kept away from the judicial scrutiny and no court can bar his jurisdiction. Th e only one tier appeal mechanism is provided in the form of an appeal to a tribunal called Appellate Tribunal for Forfeited Property (ATF). Appeal can be fi led within 45 days of the order. Th e tribunal has the power to condone the delay of only 15 days. Once the order is confi rmed by this tribunal, there is no further appeal to the order. Hence, one can easily see the ease of legal process in administering this law. Once forfeiture becomes fi nal, the Competent Authority is vested with the powers to take possession and dispose off the properties forfeited through auction. Th e money so generated through auction is given to a centrally administered fund called ‘National Fund for Control of Drug Abuse’. For eff ective implementation of the Asset Forfeiture Provisions under NDPS Act, of criminally derived assets, 3 Fs have to be kept in mind viz.,

z Finding or tracing the asset (‘Tracing’)

z Freezing the asset under Section 68 F

z Forfeiting the asset under Section 68 I Only on striking at the economy/wealth generation factor of Drug Traffi cking can the traffi cking be brought under control and asset forfeiture of illegally acquired properties is a mode in achieving this objective. As responsible offi cers, committed to create a drug free world, please remember the 3 Fs as above, and be determined to strike at the very heart of the menace by going after the wealth generated in illicit drug traffi cking. FuG

January–March 2008 Tamil Nadu Police Journal 65 CHALLENGING FIRE SCENE INVESTIGATION T. NATARAJA MOORTHY Forensic Lecturer, PPSK, Universiti Sains Malaysia

Fire is still a major social and economic problem. Fire scene investigation remains a challenging, diffi cult and sometimes tedious endeavour. Th e destruction of physical evidences, so important to the reconstruction of a crime, remains a frustrating problem. Every fi re is assumed to be from natural causes unless proven otherwise. A fi re does not become arson until it has been inspected and declared to be so by a forensic expert who is trained in arson investigation. In a recession, arson statistics are expected to rise because many owners will burn their unprofi table business or their homes that have decreased in value in order to collect insurance money. Th ere is usually a lack of witnesses because arson is a crime of stealth, often taking place at night under the cover of darkness. Moreover, the physical evidence that would connect the off ender with the off ence is often consumed in blaze. Arson Defi ned Arson in its most general terms may be defi ned as the willful and malicious burning of the property of others or own. It must be regarded as a possible, if not probable, cause of every fi re investigated. It is a serious threat to public safety and well being,

66 Tamil Nadu Police Journal January–March 2008 causing great loss of money and lives. It is a diffi cult crime to investigate and prosecute. Its diffi culty lies in two areas: First, the scene must be carefully investigated before it can be determined whether a crime actually took place. Th is is unlike fi nding a dead body and bloody knife which are strong indications that a murder may have taken place. Such indicators gain the immediate attention of investigators and warn them to proceed carefully so as not to compromise any evidence present, unlike a common dwelling fi re which may be investigation cursorily if at all. Th erefore it is vitally important that every fi re scene be treated as a potential arson scene until clear proof of natural or accidental cause is discovered. Second, the crime itself, if successful, destroys the physical evidence at its origin. In some cases, proving the crime of arson may be likened to a homicide investigation where the victim’s body has turned to ashes. Evidence of its existence is still there but it requires careful and methodical analysis. Arson is the only crime that destroys evidence as it progresses rather that creating it.

Sources of Ignition No matter what the nature of the fuel, without some source of ignition, there will be no fi re. Without exception, the source is some type of fl ame, spark or hot object. In every case, the temperature of the source must be in excess of the ignition temperature of the fuel with which this source comes in contact. Furthermore, it is always true that the source is small as compared with the fi re that ultimately follows.

Primary igniters Th e primary source of ignition of virtually every fi re is heat. Any other possible source can be disregarded as being as rare

January–March 2008 Tamil Nadu Police Journal 67 and exotic as to have no practical interest. Th e heat can be applied as an initially small fl ame from a match or lighter. Without question, this is one of the most important sources of ignition and includes a large proportion of all intentionally set fi res. Other sources of heat are from spark, or other electrical discharges such as arcs or lightning. All of these generate enough local heat to exceed the ignition temperature of many fuels. Heat is also generated by wires carrying an overload of current. It is generated by numerous chemical reactions of an exothermic type, and it is sometimes induced in nearby fuels in the form of heat radiation of suffi cient intensity to initiate combustion. a) Matches: Th e most common device for kindling a fl ame, the match, is specifi cally and exclusively designed for this purpose and it is the most basic source of fl ame. Whether it directly initiates the destructive fi re or merely sets a controlled fi re which is later responsible for the larger fi re is immaterial to the basic question of ignition, but may be very material to the investigation of the larger fi re. Th e match is a stick that is treated to be readily combustible combined with a head that includes both fuel and oxidizer in the form that can be ignited by the localized heat produced by friction. Th e head of the safety match contains an oxidizer and a fuel such as sulphur. It will ignite only when struck against the strip containing phosphorus, glue and an abrasive like ground glass. b) Sparks: Th e term can refer either to an electric spark, which represents the discharge of electric current through air or another insulator, or a tiny fragment of burning or glowing solid materials moving through the air. Sparks of the hot particle variety may be produced by a sharp blow between two dissimilar materials such as steel and fl int, by extreme frictional contact between two materials, or by the debris of a solid-fuel fi re becoming airborne.

68 Tamil Nadu Police Journal January–March 2008 c) Hot objects: Most hot objects are heated either by being in or close to a fi re or by the fl ow of electrical current through them. In electrical appliances, ceramic or wire- heating elements carry current and heat as a result. Hot objects play an important role in transmitting the heat of various chemicals and physical processes to fuels, thereby spreading fi re. d) Friction: Friction between two surfaces generates heat as in the brake shoes of an automobile which can become extremely hot. Any bearing that does not have adequate lubrication become hot through friction, and exposure of the hot object to a readily ignited fuel can lead to fi re. Defl ated tyres rubbing on the frame of moving vehicle or on the road can produce suffi cient heat to ignite the tyres or parts of the vehicle or nearby lubricant. In the presence of fl ammable vapours or even solid fuels, these temperatures are quite suffi cient to ignite a material that is combustible. Th is possibility must always be considered carefully by the investigator of any fi re that seems to have arisen in the neighbourhood of a machine in which there are rapidly moving parts. e) Radiation heat: While the heat radiated from a fi re may at times kindle other fi res at a distance, such kindling is not primary but secondary to an already very large fi re. Th e only primary function of radiant heat, as a source of ignition, is when rays from very hot surfaces, such as the sun, are focused by a transparent lens-shaped object. Th is will concentrate enough heat to ignite material. Radiant heat from an established fi re, of course, plays a great role in the spread of fi re through available fuel.

January–March 2008 Tamil Nadu Police Journal 69 f) Chemical reaction: A number of chemical mixtures, are capable of great heat generation and even formation of fl ame. Hazardous gases are most commonly found in commercial structures like welding and automobile shops, hospitals, laboratories and fertilizer manufacturing plants. Th ey may be considered hazardous because of their inherent toxic properties or fl ammability hazards or simply because even inert gases when compressed into cylinders for storage can produce explosive pressures when exposed to an enveloping fi re. Some of the most commonly encountered fl ammable and explosive gases are acetylene, ethylene, hydrogen, methane, propane, butane and oxygen etc. Th ere are many more hazardous liquids of concern to fi re investigators than there are gases because they are found in more places and because many liquids volatilize to form explosive or combustible vapours at temperatures developed in structure fi re. Some of the liquids are acetone, ether, carbon di sulphide, benzene, cyclohexane, methyl alcohol, petroleum products and so on. Th ere are some solids that, by virtue of their chemical properties, pose special hazards in terms of their fl ammability of speed of combustion. Most fuels in a structure fi re are wood, cloth, paper and the like converted to combustible vapours by pyrolytic action of the fl ames. Similarly, the most common incendiary solids are simple mechanical mixtures of various components—usually fuel and an oxidizer, sometimes with initiators, catalysts and the like, added to increase the effi ciency of the reaction. Some of these mixtures like black powder (mixture of potassium nitrate, charcoal and sulphur in the ratio of about 75:15:10), fl ash powder, (a mixture of a readily oxidizable metals, such as powdered aluminum or magnesium, with

70 Tamil Nadu Police Journal January–March 2008 a strong oxidizer such as potassium per chlorate or barium nitrate) will produce an intensely hot fl ame in an almost instantaneous defl agration. Th ese mixtures require mineral energy in the form of spark, heat or friction to ignite. Th ey can produce fi re with temperature in excess of 30000°C. Sodium, magnesium metals and phosphorus are some of the incendiary solids. Phosphorus occurs in two forms of wax like metal, one white or yellow and another red. Th e two forms have quite diff erent properties. White phosphorus is one of the few materials known that will burst into fl ame when exposed to air, so that it is stored underwater. It has an ignition temperature of 300°C whereas the red phosphorus does not burn when exposed to air and has an ignition temperature of 360°C. g) L.P.Gas: It is a mixture of lower hydrocarbons. It is of interest that the L.P. gases apparently give rise to fi res somewhat more frequently than normal gas. In investigating fi res involving L.P. gas, the investigator must take special pains to check all lines, valves and connections. Th e fi re pattern itself will give a very good indication as to the portion of the distribution system that was at fault. h) Smoking as a fi re origin: Th ere is no doubt that fi res are started by smokers both indoor and outdoors. Nor is there any question that the carelessness of the smoker is the primary reason for this high incidence. Smoking involves both burning tobacco and fl ame used to ignite it. Smoking in bed is an exception to the general rule that cigarettes pose a much lesser hazard than is commonly supposed. Th e reasons are simple. Bed is often constructed from cotton, which is readily ignited by glowing combustion and is capable of sustaining smoldering fi re for an extended period. If the smoker falls asleep so that

January–March 2008 Tamil Nadu Police Journal 71 a lighted cigarette drops into sheets, pillow cover of other relatively fl ammable material, a fi re can readily result, and statistics indicate that such fi res are common. An unpleasant accompaniment of bed fi res is the danger of suff ocation from carbon monoxide, with death or serious burns as the aftermath. Th e fact that many persons who smoke in bed have also consumed excessive amounts of alcohol increases the total hazard greatly. i) Lightning as source of ignition: Long before humans learnt to kindle a fi re, it is almost certain that their knowledge of fi re came from fi res that were ignited by bolts of lightning. Lightning is a tremendous electrical discharge of natural origin, which is not fundamentally diff erent from the electric arc except in intensity. In a lightning fl ash, the heat generated by the fl ow of current through a struck solid object will often ignite it. Th is is especially true when the object is dry and readily ignited. Trees are ignited only occasionally by their susceptibility to combustion. An old, dead, dry trunk, for example, is much more likely to catch fi re than a living tree which is both a better conductor and less fl ammable. Th e investigators need to be familiar with the eff ects of lightning when it strikes objects. j) Spontaneous combustion: Frequently, the claim is made that a fi re has started from spontaneous combustion. Th e source would seem to violate the simple principle that there must be fuel, oxygen and heat and carries the connotation that in some mysterious manner fi res just set themselves on occasion. Th e most common fi res termed spontaneous are without doubt those that are ignited in hay straw or vegetable residues and manure piles. A case of spontaneous fi re in hay was observed and recorded in detail by Ranke who was himself a scientist and who performed further experiments in support of his theory of

72 Tamil Nadu Police Journal January–March 2008 strong adsorption of oxygen by pyrophoric carbon. Th is was apparently the fi rst detailed and well documented description and served as the starting point for nearly all later work on the subject. In order for vegetable materials to undergo spontaneous combustion, they must initially have favourable water content, suffi cient to allow fermentative processes to proceed. If the hay is well cured, it will allow destructive fermentation and if too wet, no fi re will result either. Partially cured hay is favourable. Th e activity of the micro organisms will heat the hay to the thermal death point of the organisms as a limiting temperature. Th is is in the neighbourhood of 70°C and lower for many organisms. Spontaneous combustion consists of a number of steps, the most important being chemical in nature. Other facts that are of greater importance to the investigator concern the surrounding observations that must be made. Spontaneous fi res in stacked hay do not occur in less than 1 to 14 days after stacking and generally require 5 to 10 weeks. Th e fi re that occurs is in the centre of the stack and burn to the exterior, usually forming some type of chimney to the exterior. A SET FIRE IN HAY STARTS ON THE OUTSIDE AND BURNS TOWARDS THE INSIDE. Unburned hay in the stack in which spontaneous combustion has occurred will be very dark in colour and have a higher acidity than the normal hay. If a burning stack is spread apart, hay that is not on fi re will suddenly burst into fl ame if spontaneous combustion is the cause of fi re.

Automobile Fires When a car is stolen, it is often driven to a remote place where it is stripped of its parts and then set on fi re either by the thief or someone else who happens to fi ne it. All types

January–March 2008 Tamil Nadu Police Journal 73 of motor vehicles—cars, jeeps, vans, buses and the like are subject to fi res of either accidental or incendiary origin. In many instances, deliberately setting fi re to a vehicle is done to defraud the insurance company. A policy holder will hire a ‘torch’ to burn his car to obtain ready cash. Among the more common motives for this off ences are the following.

Financial Diffi culties

z Inability to meet the payments on the car or to return it to the dealer.

z Demands by the fi nance company that payments are made of the vehicles surrendered. Th e author had visited a scene of crime, a case of dacoity followed by arson. It was alleged that one Sekar, tourist van driver aged 29 years while driving his van along in an early morning, was waylaid by a gang in a National Highway. It was alleged that they had taken the driver and van to a remote, isolated place and committed dacoity of cash Rs.10,000/-, gold ring and wrist watch at knife point. After committing the off ence it was reported that the decoits tied the driver on a tamarind tree with his hands at the back using a rope and then the dacoits set fi re to the van, burnt it completely and decamped with their booty. Th e nearby villagers who happened to pass by that area found the driver tied to the tree and the van burnt down. Th e author was summoned to visit the scene of dacoity and arson and assist the investigation. He immediately rushed to the scene and made careful observation. Th e crime scene was in tact and the driver was even found tied to the tree till his arrival at the scene. He examined the driver Sekar and found his hands were tied at the back along the trunk of the

74 Tamil Nadu Police Journal January–March 2008 tamarind tree with a rope. He observed one end of the rope was found tied on his left wrist and after making a few rounds on both of his wrists and around the trunk found to be loosely inserted under the coil of the rope. He found a match box in the trouser pocket of the driver with a mild odour of kerosene. Another valuable scientifi c clue observed by him was a burnt hole of pinhead size on the front side of the shirt worn by the driver at the time of occurrence of the crime. According to the version of the driver, the dacoits had taken him to this remote place with his van, committed dacoity, tied him to the tree and set fi re to the van which was found about 500 feet away. Based on the above forensic observation viz. (a) the absence of knot at the loosely inserted end of the rope on the crossed wrists of the driver behind the trunk, (b) kerosene odour in the match box found inside the trouser pocket of the driver and (c) charred pinhole in front side of the shirt, the author suggested that the driver himself could have stage- managed the arson. Based on the author’s suggestions, the driver was interrogated. Th e driver at length confessed that he only created a story of dacoity and he himself set fi re to his van using kerosene, brought in the van. He had unwittingly kept the match box with his kerosene stained hands into the trouser pocket. While setting fi re using excess of kerosene, standing near the burning van, a spark should have fallen on the shirt from the burning van forming a charred pinhole. He himself tied his wrists to the tamarind tree. Th e driver did this act of dacoity and arson drama because he could not repay the loan installment for the van to the fi nance company. Th e driver also confessed that he had already removed the tape recorder and speaker boxes fi xed in the van along with the tool kit before setting fi re and subsequently they were recovered from the driver’s house. Th us a major

January–March 2008 Tamil Nadu Police Journal 75 head in the crime investigation viz. dacoity followed by set fi re, a created story was brought to light and crime was solved by keen forensic observation.

Investigation During the Fire Since there is much valuable evidence and information to be gathered during the fi re, the investigator should respond to any serious or suspicious fi re aff ecting property within his assigned area of responsibility. Observation During the Fire Th e extent to which the investigator can conduct a preliminary investigation during the actual burning will vary with nature and severity of the fi re. General observations can, of course, be made from an appropriate distance and certain examinations of the peripheries can sometimes be made at this stage. Much of the information suggested below can also be obtained later from eye witnesses. a) Smoke and Vapours: Th e characteristics of the smoke or vapours which emanate from the fi re are useful indications in determining the nature of the burning substances. Th e water present in the humid substance is evaporated before the substance begins to burn. White smoke is given out by burning phosphorus, a substance that is sometimes used as an incendiary agent. Grayish smoke is caused by the emission of fl ying ash and soot in loosely packed substances such as straw and hay. Black smoke is produced by either incomplete combustion or the preponderance in the burning material of a product with a petroleum base such as rubber, tar, coal, turpentine or petroleum.

76 Tamil Nadu Police Journal January–March 2008 Reddish brown or yellow smoke indicated the presence of nitrates or substances with a nitrocellulose base. Th us, smoke of this colour can be emitted from burning nitric acid, nitrated plastics, fi lm or smokeless gun powder. A number of these substances are suitable accelerants. b) Colour of Flame: Th e colour of the fl ame is indicative of the intensity of the fi re and sometimes of the nature of the combustible substances present. Th e temperature of fi re may vary from 500° to 1500° C with the colour of the fl ame ranging from red through yellow and fi nally becoming a blinding white. Burning alcohol is characterized by a blue fl ame. Red fl ames may indicate the presence of petroleum products. c) Odours: Many substances which may be used as accelerants emit a characteristic smell. Naturally the odours detectable at the scene of fi re are determined by the substances which are stored, manufactured or used on the premises. Th e smell of a highly infl ammable substance in an area where it is not normally used should arouse suspicion. Turpentine, alcohol and kerosene are among the accelerants which emit characteristics odours. d) Location of Flame: Th e investigators should note carefully whether there is more than one apparent point of origin and should try to estimate the approximate location of each. Unrelated fi res in diff erent places are indicative of arson. Here in is an interesting and mysterious fi re scene visited by the author. Mystery of frequent fi res during communal riots in a village

January–March 2008 Tamil Nadu Police Journal 77 A communal clash was reported in a village wherein the roofs of the most of the houses were thatched. Police party rushed into the village and the situation was brought under control. Pickets were posted in the village. Under these circumstances, cases of arson were also reported now and then in this village. Since communal colour was given to these arson cases, the service of mobile forensic scientifi c offi cer was requisitioned. Th e author who visited the arson was advised to camp in the village and make a detailed investigation as the frequency of fi re incidents reported was on the increase. While the village was under a careful surveillance by police and revenue authorities, a fi re broke out suddenly in a thatched house. Th e fi re brigades stationed in the village extinguished the fi re. Th e owner of the house (belonging to one community) complained to the police that the rival community alone should have set fi re to his house. After about 6 to 7 hours of this incident, again a fi re broke out in a thatched house of a person belonging to another community. Th e fi re was extinguished by the stationed fi re brigade. Th e owner of this house said that this could have been the act of rival community only and asserted that that he had seen the persons and his names were known to him. Th e revenue offi cials including district collector visited the village and dispersed a lump sum grant of money to the aff ected owner of the house along with rice, clothes, kerosene etc. Th e complainant victims blamed the community people for these arson cases and stressed for immediate arrest of the culprits. Th is type of frequent fi res went on for 5 or 6 days and about 15 thatched houses went ablaze.

78 Tamil Nadu Police Journal January–March 2008 Many offi cers on the spot had their own theories in their mind, regarding origin of fi re. Some were of the opinion that phosphorus could have been willfully embedded in the thatched roof, which when dried caught fi re. Another such theory was that the fi res were due to spontaneous combustion. Th e villagers on the other hand held the theory that the thatched houses were set fi re by external agencies i.e. people belong to the rival communities. Th e author visited and examined all the burnt houses keenly and thoroughly and came to a defi nite conclusion. As mentioned earlier, all the burnt houses had thatched roofs. No arson was reported in terraced buildings. In all the burnt houses he observed that most of the valuable articles were already found to be removed and only mud pots alone found among the burnt ashes and debris. Another salient feature he noticed was that arson occurred only during the night times. Also none of the occupants of the allegedly burnt houses sustained even simple injuries. After a careful and detailed examination of the scenes of crime, the origin of fi re was fi xed by the author who suggested that the accused were none other than the complainants themselves. In each of the burnt houses, he was able to recover a small kerosene chimney lamp. Th e reconstruction was as follows. Th e complainants had cleverly removed the valuable things from their houses to a safe place. Th en they placed a small kerosene lamp on nail fi xed on the inner wall just below the inner roof. Th ey might have removed the glass chimney, lighted the wick and raised the naked fl ame and fi xed the lamp on the wall so that the fl ame could reach the thatched roof and cause fi re. After completing this process, the

January–March 2008 Tamil Nadu Police Journal 79 inmates came out the house and pretended to sleep outside the house with the neighbours.

After sometime, the thatched roof slowly caught fi re from the naked fl ame and started burning. On seeing the fl ames on the roof, the inmates woke up and raised a false alarm that somebody had set fi re their house and run away. As usual the fi re service unit stationed in the village rushed to the spot and extinguished the fi re with the use of high speed water jets which damaged all scientifi c clues. In all the burnt houses, the author was able to collect this type of hand kerosene lamp without chimney found among the burnt thatched debris near the inner wall and also noticed a nail found fi xed on the wall just below the roof. Th e handy lamp was found on the fl oor below the nail. By means of the scientifi c observations, the author was able to establish that the fi re was caused by the willful act the complainants themselves and no communal enmity was involved. Th ese aspects were well explained to the Supt. of Police, Deputy Inspector General of Police and District Collector. Th e reason for frequent fi res on thatched houses was to get the lump sum amount sanctioned by the Government and disbursed by the revenue offi cials to the homeless people who

80 Tamil Nadu Police Journal January–March 2008 lost their houses in fi re etc. Th en the collector was requested to make an announcement to the villagers that no compensation would be provided to any such victims as no funds were available. Such an announcement by the district authorities had a telling eff ect on the villagers. After this, the incident of frequent fi res in thatched houses in the village completely stopped. Th e mystery of arson cases was solved by a careful forensic crime scene analysis.

Observation of Spectators Some type of arsonists, such as pyromaniacs, remain at the scene to watch the fi re. By observing the spectators, the experienced investigator will occasionally able to identify the incendiary. An exceptional appearance of personal satisfaction or excitement is sometimes indicative of the pyromaniac. If the fi re takes place during normal sleeping hours, the arsonist may be sometimes distinguishable by being one of the few fully-clothed persons among the spectators.

Investigation of Scene After the Fire Th e diffi culties that may be encountered in the search of the suspected arson scene depend primarily on the extent to which the building or others property has been consumed. If the fi re has been promptly reported and quickly extinguished, the discovery of incriminating evidence may be a relatively simple matter. On the other hand, where the fi re has gone beyond control has reduced a considerable portion of the property to ashes, it may be exceedingly diffi cult to uncover traces of value. Whatever the condition of the scene, however, it will be found that a patient, methodical study of the area, will often reveal indications of criminal design and sometimes will permit a logical reconstruction of the arsonist’s method of operation. It is of paramount importance in arson cases to know what type of evidence is signifi cant.

January–March 2008 Tamil Nadu Police Journal 81 a) Safeguarding the Scene: In order to preserve and safeguard the evidence prior to a search, the investigator must prevent unnecessary disturbance of the debris and the intrusions of unauthorized persons. Th is may be achieved by liaison with the fi re department and uniformed police. An agreement should be made with the fi remen in the case of suspected incendiarism to postpone clean-up operations until the investigator has completed his examination of the premises. b) Order of Searching: Th e area immediately surrounding the burned property should be more thoroughly examined for evidentiary traces and clues. Th e doors and windows of the building should be studied for evidence of a break, particularly if the premises are normally locked during the period in which the fi re took place. Tool impressions, broken window panes and forced locks are the obvious marks of such a break. c) Locating and Examining the Point of Origin: One of the major objectives of the search is the location of the point of origin, since it is in this area that the physical evidence of criminal design is most likely to be discovered. Multiple points of origin are usually an indication of arson. Th e origin of the fi re may be determined by information obtained from witnesses and by an examination of the debris. Th e debris at the point of origin should be studied carefully for the purpose of determining the cause of fi re, whether accidental or incendiary. A search should be made for traces of combustible materials. Substances such as peculiarly coloured ashes, soot, unusual formation of clinkers, and impregnated

82 Tamil Nadu Police Journal January–March 2008 materials should be collected for laboratory examination. In conducting the search, the investigator should recall the nature of materials ordinarily stored in the area so that he will be able to detect extraneous or misplaced objects such as fuel or oil cans. Presence of peculiar odour should be noted. d) Physical evidence and its collection for forensic science laboratory examination: Th e task of collecting physical evidence in an arson case is complicated by the delicate condition of the materials. Any piece of evidence that appears to have unusual signifi cance should be photographed and located on a sketch before it is moved since the act of collecting the evidence sometimes results in an alteration. Th e following are typical of the signifi cant articles of evidence that may be present in a fi re of incendiary origin. i) Containers: Th e arsonist uses bottles, cans, pails, or boxed to hold the combustible liquid. Any residual fl uid or similar should be poured into a glass container, covered and sealed for forensic examination. Th is may be the most important piece of evidence; it should not be permitted to evaporate by placing it in a container with a loose cover. Th e original container should also be collected. ii) Ashes and Debris: If it is found that the ashes or debris contain traces of accelerant or some other signifi cant clues, these materials should be collected for the transmission to forensic science laboratory. In the collection of debris, the investigator should not overlook materials which have fallen to lower fl oors. iii) Incendiary devices: Th e investigator should be alert during the search for suspicious articles such as wires,

January–March 2008 Tamil Nadu Police Journal 83 fuses, straw or candles which could have formed a part of an incendiary device. Since the arsonists may arrange for several points of origin, the search for such devices should be extensive, closets and obscure corners should be searched for heating appliances. e) Packaging and forwarding of evidence: Articles of physical evidence which have been collected to determine the possible presence of an accelerant or which, in general, may contain traces of an infl ammable substance should be placed in air tight containers in order to prevent evaporation of volatile components. Th e containers should be packaged to provide adequate protection and forwarded to forensic science laboratory as soon as possible. In the examination of debris samples, the laboratory expert can be greatly assisted by the provision of certain information relating to fi re.

Th e Expert Witness Any one with special knowledge or experience with respect to the subject in question may quality through a showing of training or experience to testify as an expert. In the case of arson, the expert giving opinion testimony as to the cause or origin of a fi re may be a Forensic expert or one of any number of specialists – chemist, electrician and so on depending on the nature of fi re. Th e responsibilities of the expert witness are much greater than those of a factual or eye witness.

Conclusion Every fi re deserves careful and through investigation. Whether it is a small fi re started by a faulty light switch, or a commercial fi re started by an arsonist, the cause and origin should be identifi ed so that, possibly, we can prevent such destruction

84 Tamil Nadu Police Journal January–March 2008 from being repeated. Incendiary fi res infl ict terrible damages on our society via. direct money losses, public costs and personal damages and suff erings. Th e only way we can be sure that a fi re is incendiary in origin, however, is to be certain that all accidental and natural causes are ruled out. With proper training, fi re investigators can apply a methodical, analytical approach to all fi res. Th e arson investigator is required to interview witnesses, possible suspects, insurance investigators and adjusters and conduct background investigation into the fi nancial and psychological well-being of the individuals involved. Th e functions of photography, videography and notes taking, as in any other type of crime scene, are, in fact, even more important on a fi re scene. Th e physical relationships of objects and structures in fi re scenes are often crucial. Th ese can be recorded by proper photography, videography and crime scene sketching. Once the scene and fi eld investigations are completed, the physical evidence collected must be analyzed in the forensic science laboratory. Th e scientists in the forensic science laboratories are thoroughly trained and highly experienced in the application of all available scientifi c methodologies to the solution of analytical problems. Without reliable interpretation of the bits and pieces of information that were obtained from the fi re scene, the investigator may still be left with unanswered questions as to how, when, where and by whom. Th e fi nal test of any investigation is the court room— whether civil or criminal. Whatever the investigator can do to be prepared and improved communications will be to everyone’s benefi t. Only an accurately and completely informed court can be expected to render justice.

FuG

January–March 2008 Tamil Nadu Police Journal 85 koÍkh Ϫj moik ãiy? M®. eluh{, Ï.fh.g, fhtšJiw TLjš Ïa¡Fd®, bghUshjhu¡ F‰w¥ ÃçÎ

Ïê¤ bjhl® kåj thâf« (Human Traffi cking) v‹gJ xU äf¥ bgça kåj cçik¥ Ãu¢Áidahf ts®ªJŸsJ. cyfshéa kåj cçikfŸ Ãufld¥gL¤j¥g£L mWgJ tUl§fŸ flªJ«, jå kåjå‹ bfsut¤Â‰F fs§f« f‰Ã¡F« tifæš ÏêÎgL¤j¥gL« ãiy bjhl®tJ äfΫ ntjid¡FçaJ. kåj®fshf¥ Ãwªj x›bthUtU¡F« rk cçik, RjªÂu«, f©âa«— kåjdJ Ãw¥òçik v‹W giwrh‰¿dhY«, gy Ïl§fëš kåj®fŸ moik¥gL¤j¥g£L, ãid¤J¥ gh®¡f Koahj msé‰F bfhLik¥gL¤j¥gL»wh®fŸ v‹w c©ik ãiy r®tnjr mséš K¡»a cçik¥ Ãu¢idahf K‹åW¤j¥g£LŸsJ. Ïê¤bjhl® kåj thâf¤ij v®¡F« r®tnjr T£L Ka‰Á (United Nations Global Initiative to Fight Human Traffi cking) flªj tUl« Jt§f¥g£L, mj‹_y« Ϫj¥ Ãu¢idia¥ g‰¿ éê¥òz®¢Á V‰gL¤jΫ, Ï‹dšfis¡ fisa nt©oa elto¡iffis nk‰bfhŸsΫ gy braš £l§fŸ tF¡f¥g£ld. Ϫj T£L Ka‰Á¡F K¤jhŒ¥ò it¤jh‰nghš M°Âça eh£o‹ jiyefuhd éa‹dhéš Ï›tUl« Ã¥utç 13 Kjš 15 tiu r®tnjr T£lik¥Ã‹

86 Tamil Nadu Police Journal January–March 2008 fyªjhŒé‰F V‰ghL brŒa¥g£lJ. gy ehLfëèUªJ r«gªj¥g£l mik¢r®fŸ, ca® mÂfhçfŸ, r£l tšYe®fŸ, mkyh¡f¤ Jiw mÂfhçfŸ, j‹dh®t¤ bjh©l®fŸ M»nah® éa‹dh T£lik¥Ãš fyªJ bfh©ld®. jäœ eh£oèUªJ Ïš fyªJ bfhŸS« thŒ¥Ãid, khãy kåj cçikfŸ Miza¤Â‹ òydhŒÎ¥ Ãçé‹ Ïa¡Fe® v‹w ãiyæš jäHf muR vd¡F eš»aJ. k¤Âa muÁ‹ bjhêyhs® ey¤Jiw mik¢r®, bg©fŸ k‰W« FHªijfŸ ey¤Jiw mik¢r®, m¤Jiwfë‹ ca® mÂfhçfŸ, MªÂu k‰W« f®ehlf khãy fhtšJiw ca® mÂfhçfŸ Ϫj kheh£oš fyªJ bfh©ld®. Ï›thW gy cyf ehLfë‹ ÃuÂãÂfS« Ï«kheh£oš fyªJ bfh©L, Ϫj¥ Ãu¢Áid¡F¤ ԮΠfhznt©oa braš £l§fis¥ g‰¿ éth¤jd®. Ïê¤bjhl® kåj thâf F‰w¤Â‹ j‹ik g‰¿Í«, Ï¡F‰w¤Â‹ r®tnjr CLUtš g‰¿Í« òçªJ bfhŸtJ mtÁakh»wJ. F‰wthëfŸ T£lik¥ò (Organized Criminal Gang) v‹gJ _‹W mšyJ eh‹F F‰wthëfŸ xU§»izªJ brašg£L, x‹W¡F« nk‰g£l bgU§F‰w§fëš

January–March 2008 Tamil Nadu Police Journal 87 egç‹ÛJ jd¡FŸs mÂfhu¤ij¤ jtwhd Kiwæš ga‹gL¤Â gz«, bghUŸ Mjha« bgWjY¡fhf¥ ga‹gL¤Jjš. jtwhf¥ ga‹gL¤Jjš (exploitation) v‹gJ, xU egiu ég¢rhu« k‰W« ghèaš bfhLik¡FŸsh¡Fjš, f£lha¥ gâ brŒa¥ gâ¤jš, moik¥gL¤Jjš, xUtuJ cW¥òfis mf‰Wjš ngh‹w brŒiffshF«. r®tnjr mséš Ï¤jifa ÃiH thâf« r«gªjkhd F‰w§fis f£L¥gL¤j V‰gL¤j¥g£LŸs cl‹go¡iffŸ (Traffi cking Protocol), mo¥gilæš Ï¡F‰w§fis¤ bjçÎ brŒJ F‰wthëfŸ ÛJ elto¡if vL¡f r£l§fis¤ ÂU¤Â mik¤jY«, gh¡f¥g£l eg®fS¡F ghJfh¥ò më¤jY« x›bthU eh£o‹ bghW¥ò« flikÍkhF«. kåj®fis moik¥gL¤Â¤ jtwhf¥ ga‹gL¤Jjš vªj ehLfëš eilbgW»wJ, vªj eh£il¢ nr®ªjt®fŸ vªbjªj eh£o‰F¡ fl¤Â¢ bršy¥gL»wh®fŸ v‹gij¥ Ãç¤J MŒÎ brŒjš, 137 ehLfS¡F Ï›thW kåj®fŸ fl¤j¥gL»wh®fŸ v‹gJ m¿a¥g£LŸsJ. nk‰F Inuh¥Ãa ehLfŸ, bj‹»H¡F MÁa ehLfŸ, nk‰fhÁa ehLfŸ k‰W« tl mbkç¡f ehLfŸ Ïš ml§F«. bgšía«, b#®kå, »ß°, Ϥjhè, bej®yhªJ ehLfS¡F äf mÂf mséš kåj®fŸ fl¤j¥gL»wh®fŸ. mL¤J mÂf mséš kåj®fŸ fl¤j¥g£L¢ br‹wilÍ« ehL mbkç¡fhthF«. fl¤j¥gL« eg®fŸ gštif¡ bfhLikfS¡F c£gL¤j¥gL»wh®fŸ. tWikæš cHY« k¡fŸ F‰wthëfshš Ïd« fhz¥g£L mt®fsJ Mirth®¤ijfëš ka§» jkJ ãiyæèUªJ éoÎ tU« v‹w e«Ã¡ifnahL òy«bgau r«k¤jhY«,

88 Tamil Nadu Police Journal January–March 2008 Ûsh¤ J‹g¤Âš mt®fŸ Á¡», éLgl Koahkš F‰wthëfë‹ Ï¢ir¡F mogâa nt©oa Nœãiy¡F¤ jŸs¥gL»wh®fŸ. fŸs¡ fl¤jš, nghè¢ rh‹¿jœ jahç¤jš, Á¤Âutij, clèš fha« éisé¤jš, f‰gê¤jš, f£lha¡ fU¤jç¤jš, f£lha¡ fU¡fiy¥ò vd gytif¡ F‰w§fŸ, gh¡f¥g£l ViH k¡fŸ ÛJ ÏiH¡f¥gL»‹wd. Ϫj F‰w tiyæš éGªJ gh¡f¥gL« k¡fŸ Ëj§»a ehLfis¢ nr®ªjt®fŸ. F‰wthëfS« MÁah k‰W« k¤Âa bj‹»H¡F Inuh¥Ãa ehLfis¢ nr®ªjt®fsht®. Ï«khÂç¡ F‰w¡ FGé‰F M©fns jiyik jh§Ft®. Mdhš, bg©fŸ, FHªijfŸ fl¤j¥gL«bghGJ, bg© F‰wthëfS« Ïš mÂfkhf

January–March 2008 Tamil Nadu Police Journal 89 tèÍW¤j¥g£lJ. bg© jiyt®fŸ v›thW Ϫj¥ Ãu¢idia v®bfh©L elto¡if vL¡f nt©L« v‹gJ g‰¿Í«, m¿éaš k‰W« bjhiy¤ bjhl®ò rhjd§fŸ v›thW mkyh¡f¥ ÃçédU¡F cjt nt©L« v‹gJ g‰¿Í«, F‰wéaš MSik v›thW tY¥gL¤j¥gl nt©L« v‹gJ g‰¿Í« éçthf éth¡f¥g£lJ. r®tnjr F‰wéaš fhtš mik¥Ãš (Interpol) 186 ehLfŸ m§f¤Âd®fshf cŸsd®. “Ï©l®nghš” ÃiH thâf¤ij¤ jL¡f, ehLfëilna jftš gçkh‰w« Óuhf mika elto¡if vL¤JŸsJ. F‰wthëfŸ g‰¿a jftš ika« mik¡f¥g£L F‰w§fëš

90 Tamil Nadu Police Journal January–March 2008 Ϫj M£fl¤jèš gynfho lhy® tUkhd« F‰w¡ FG¡fŸ (Crime Syndicates) <£L»‹wd v‹W kÂ¥Ãl¥g£LŸsJ. r«gªj¥g£l ehLfë‹ muR mik¥Ãš cŸs mÂfhçfë‹ clªij Ïšyhkš Ï¡F‰w§fŸ eilbgw KoahJ v‹gJ ãj®rdkhd c©ik. Ïizajs¤Âš Mghrkhd fh£Áfis totik¤jj‰F«, bg©fis¥ gyh¤fhu« brŒjj‰F« jftš bjhêšE£g¢ r£l¤Â‹go, lh¡l® ÃufhZ r«gªj¥g£l tH¡»š, jäHf¡ fhtšJiw Áw¥ghf¥ òydhŒÎ brŒJ mÂfg£r j©lid bg‰W¤ jªjJ btFthf¥ ghuh£l¥g£lJ. kåj rKjha¤Â‰F ÏiH¡f¥gL« Ϫj mÚÂia¤ jf®¤bj¿a nt©L«. Ïj‰F Ïilôwhf ÏU¥git: (1) Ϫj bfhL§F‰w¤ij¥ g‰¿a éê¥òz®¢Áæ‹ik, (2) r«gªj¥g£l ehLfë‹ r£l¤Â‹ gyÅd«, (3) Fiwghlhd mQFKiw, (4) gh¡f¥g£lt®fS¡F¢ rçahd ghJfh¥Ã‹ik, (5) ehLfëilna x¤JiH¥Ãš cŸs FiwghLfŸ. rKjha¤Âš Ϫj F‰w§fŸ g‰¿a éê¥òz®¢Á, tYthd r£lÂU¤j«, Ô®¡fkhd mQFKiw, gh¡f¥g£lt®fS¡F KGikahd ghJfh¥ò, r®tnjr mséš caça xU§»izªj braš £l«—Ïit _ynk Ïê¤bjhl® kåj thâf¤ij K¿ao¡f KoÍ«. muR mik¥òfŸ k£L« mšyhJ, j‹dh®t¤ bjh©L ãWtd§fŸ, Clf§fŸ k‰W« Ïisa rKjha¤ÂdU« KGÅ¢nrhL x‹¿izªJ brašg£lhšjh‹ Ϫj r®tnjr F‰w js¤ij mê¡f KoÍ«. Ï¡F‰w« elthkš jL¥ò elto¡if nk‰bfhŸtJ, gh¡f¥g£lt®fS¡F ghJfh¥ò¡ bfhL¥gJ, F‰wthëfS¡F tYthd r£l« _y« j©lid bg‰W¤ jUtJ M»ait ml§»a Ô®khd« xUkdjhf V‰W¡ bfhŸs¥g£lJ.

January–March 2008 Tamil Nadu Police Journal 91 eÅd Kiwæš kåjid moik¥gL¤J« Ïê¤ bjhêš xê¡f¥gl nt©L«. Ï¡F‰w« bjhl®ªJ eilbgWtJ kåj rKjha¤Â‰F¤ jiyFåÎ v‹gij czu nt©L«. “òÂanjh® cyf« brŒnth« - bf£l nghçL« cyf¤ij ntUl‹ rhŒ¥ngh«” v‹w kfhféæ‹ NSiuia brayh¡Fnth«.

FuG

Law & Humour

Tried in a hostile town, a guy didn’t think he had a chance of getting off a murder charge, so shortly before the jury retired, he bribed one of the jurors to fi nd him guilty of the lesser crime of manslaughter. Th e jury was out for over three days before eventually returning a verdict of manslaughter. Th e relieved defendant collared the bribed juror and said: “Th anks. How ever did you manage it?” “It wasn’t easy”, admitted the juror. “All the others wanted to acquit you”.

92 Tamil Nadu Police Journal January–March 2008 MAOIST MOVEMENT IN TAMIL NADU: STATE RESPONSES AND MANAGEMENT NIHAR NAYAK Associate Fellow, Institute for Defence Studies and Analyses, New Delhi

Genesis of the Naxal Problem The Maoist movement, which started as a peasant and tribal uprising against landlords at Naxalbari village in Darjeeling district of West Bengal in 1967, has spread to 200 districts in 13 States* by fi rst half of 2006. Naxal violence has aff ected 460 police stations in 13 States out of a total of 12,700 police stations in India1. Despite the proscription of the CPI-Maoist in six Indian States (Bihar, Tamil Nadu, Andhra Pradesh, Chhattisgarh, Orissa and Jharkhand) by the third quarter of 2006, Maoist related violence has come closer to the other confl ict theatres (Jammu & Kashmir and Northeast region).

1 Annual Report 2005-06, Ministry of Home Aff airs, Government of India.

* Chhattisgarh, Andhra Pradesh, Jharkhand, Bihar, Orissa, Maharashtra, Uttar Pradesh, Uttaranchal, Madhya Pradesh, West Bengal, Tamil Nadu, Karnataka and Kerala. January–March 2008 Tamil Nadu Police Journal 93 Naxalism came into existence with the objective of capturing state power: “Immediate aim of the party is to accomplish the New Democratic Revolution in India by overthrowing, feudalism and comprador bureaucratic capitalism through protracted People’s War and establish people’s democratic dictatorship under the leadership of the proletariat.”2 Th e strategy of the Naxalites is to capture as much territory as possible and to establish their rule over the areas captured by them with the support of their armed guerrilla. According to a CPI-Maoist press release on October 14, 2004, issued by Muppala Lakshman Rao alias Ganapathi, the ‘General Secretary’ of the Party, the outfi t would fi ercely oppose the Central Government run by mainstream political parties. Th e resurgence of Maoists in diff erent parts of the country and the recurrent violence perpetrated by the Red Brigade has rung the alarm bell among the security think-tanks of various States and the Union Government. Continuous off ensive and stiff resistance from the Union and State Governments have forced the Maoists to adopt new tactics and expand their operational bases to newer places. Of late, Tamil Nadu has become strategically crucial for the Maoists.

Naxalite Movement in Tamil Nadu: A Brief History Th e seeds of Naxalite movement in Tamil Nadu were sown by Charu Mazumdar in 1969. His visit to Hogenakkal area of Dharmapuri district, indoctrination of the cadres and formation of cells provided the desired impetus to the movement. Prominent Naxalite leaders like Tamilvanan, Sivalingam, Ampalli Muniraj, Balan, Radhakrishnan, Elagiri Raman, Gopal, Siddanandam, Pachaiappan, Kuduvai Manickam, Jeevagan and Karnal contributed to the campaign.

2 Chapter 2 (Art. 4), Party Constitution, Communist Party of India- Maoist (CPI-Maoist). 94 Tamil Nadu Police Journal January–March 2008 Initially, the movement was led by L. Appu and Balan in the Dharmapuri district, which witnessed a series of murders and other incidents of violence. Guerrilla units were formed and training was imparted in guerrilla warfare, handling of arms and manufacture of explosives in the forests. Th ese guerrillas had unleashed a spate of murders and dacoity in pursuit of their policies of annihilation of landlords, money lenders and police informants as class enemies. Th ey were fi rmly indoctrinated to believe that dictatorship of proletariat could be achieved only through armed revolution. By 1970, the movement had spread to other districts of Tamil Nadu. L. Appu, Nanchil Selvam, A. M. Kothandaraman, Kovai Eswaran, Kaliaperumal, P. V. Srinivasan and Lingasamy exploited labour problems in Coimbatore, Ambattur and Avadi (suburbs of Chennai), unrest among small farmers in Th anjavur and Trichy districts and the growing labour problems in North Arcot and Dharmapuri districts to achieve their ends. In the initial stages they formed underground cells in Coimbatore, Th irupathur, Dharmapuri, Th anjavur, Madurai and Kanyakumari districts and in Chennai city. Th ey had a close relationship with leaders of Andhra Pradesh, Karnataka, Kerala and West Bengal. Later, the cadres resorted to many murders and robbery in various districts like Kanyakumari, Vellore, Th anjavur and Chennai. Th eir initial activities, involved robbery at Nallithurai village in Mettupalyam police station in 1969 followed by bomb explosion at Kovilpatti later the same year. Another explosion at Sundarachozhapuram in Pennadam police station brought to light the activities of Kaliyaperumal who was regarded as the father fi gure among left wing extremist circles in Tamil Nadu. Th ere was a series of murders and robberies in Th anjavur, Cuddalore, Trichy, Dharmapuri, Virudhunagar and Vellore districts between 1969–1980. Th ree policemen

January–March 2008 Tamil Nadu Police Journal 95 including an inspector lost their lives in a bomb explosion in 1980 in Vellore district. With police tightening the noose on the outfi ts in the 1980s, the movement got weakened and subsequently marginalized. Until December 1980, Naxalite related violence was reported in seven districts—Coimbatore, Cuddalore, Th anjavur, Trichy, undivided Dharmapuri, Virudhunagar and Vellore. Th e State witnessed 26 casualties in 46 violent incidents until October 2004. By 2004 end, the Naxalite movement was restricted to Dharmapuri and Krishnagiri3 due to various factors such as intense police actions, diff erences amongst Naxalite leaders, split in the CPI-ML, political and social movements in Tamil Nadu and diff erent development programmes adopted by the district administration. A debate on Tamil nationalism amongst the Naxalite leaders of the state led to diff erences of opinion between the Tamil Nadu unit and the all-India unit of the Communist Party of India – Marxist-Leninist (CPI-ML). Th is led to a formal split in the CPI-ML and the formation of Tamil Nadu Communist Party-Marxist-Leninist (TNCP-ML) in 1984–85. Th ough the Naxalite movement surfaced in 1969, the state has witnessed a relatively low level of Naxalite violence. However, quantum of violence cannot be the only criterion to judge Naxalite presence and activities in any state. Naxalism is not limited to the areas of active violence, nor does this threat disappear if violence is not manifested at a particular location for a specifi c period of time. Th e Naxalites also do not abruptly launch into ‘armed struggle’ or violence, but are known for gradual consolidation including a preliminary study of local social, economic and political conditions and the

3 Krishnagiri was formed in 2004 by dividing Dharmapuri into two districts. 96 Tamil Nadu Police Journal January–March 2008 vulnerabilities of particular section of population. People’s war passes through fi ve operational phases – Political (mass line), violence (terror or guerrilla warfare), allies (united front), non -violence (political warfare) and international campaigning. Currently, the Maoists in Tamil Nadu have been using political or mass line to establish linkages with vulnerable groups. Th e next phase of the movement would be to forge alliances with some organizations (peasants, labour unions, student unions, women organizations and human rights group) to spread the movement to newer areas. Th eir target is to capture the tribal and forested areas in Tamil Nadu and convert it into liberated zones and develop their guerrilla squads into regular army to defend their rule in the zones liberated by them.

Leadership and Front Organisations Although a formal organizational structure in Tamil Nadu has not been declared by the central committee of the CPI- Maoist, historical evidences indicate that Appu was founder of the then CPI-ML in Tamil Nadu and was a member of the central politburo in 1970s. Th e CPI-ML divided into splinter groups in 1972. As a result, the Naxalite movement in Tamil Nadu was aff ected badly and the movement was further marginalized due to intense police off ensive. Since the 1980s, the Naxalite movement in Tamil Nadu was reportedly controlled by the Andhra Pradesh State Committee. It was believed that a separate state committee for Tamil Nadu was formed in 1995 under the leadership of Ravindran. In 1995–96, Ravindran, an engineer and activist of a Naxalite front organization called Revolutionary Youth League (RYL), took over the People’s War Group (PWG) unit in Tamil Nadu and Dharmapuri. After Ravindran’s death in a police encounter in 2000, Doraisinghe Vellu took over the movement. Although the movement did not

January–March 2008 Tamil Nadu Police Journal 97 progress satisfactorily due to heavy police operations, front organizations and sympathizers kept working at village level. Th ere are still traces of groups functioning under the banners of RYL, Revolutionary Students Union (RSU) and Coolie Vivasayigal Sangam (CVS) in Dharmapuri. According to police sources, they (front organization leaders) are infl uenced mostly by the PWG. Tamil Nadu police believed that V Sundaramoorthy was the head of the Tamil Nadu State Committee and overall in charge of the state. Some media report also indicated that the Naxalite movement in Tamil Nadu is infl uenced and controlled by the senior leaders from the Andhra Pradesh State Committee. Although the infl uence still prevails, the Naxalite operations in the State are being managed by the Tamil Nadu State Committee.

External 4 Support Th e active support received from across the border made the Naxalites in the erstwhile Dharmapuri district of Tamil Nadu to thrive in the 1960s and 1970s. According to sources, Kondapalli Seetharamaiah and Gaddar of PWG had visited various places of the district in 1980s. It is being pointed out that as and when police action intensifi ed in Andhra Pradesh and Karnataka, the Naxalites found a safe haven in the Hosur, Anjetti, Denkanikottai and Th ally areas of Dharmapuri district, taking advantage of their linguistic profi ciency and affi nity. In fact, the CPI-Maoist led by Sundaramurthy had been trying to set up a base by involving Naxalites from Andhra Pradesh by early 2000. It is learnt that the Andhra Pradesh State Committee has been funding and imparting training to the remaining handful of cadres in Tamil Nadu.

4 Th e scope of this study is Tamil Nadu. Th e Tamil Nadu Naxalites’ linkage with neighbouring states’ (Andhra Pradesh and Karnataka) Naxalite leaders is treated as external support. 98 Tamil Nadu Police Journal January–March 2008 Areas of Operation At present, Dharmapuri, Krishnagiri and Vellore districts are identifi ed as vulnerable to Naxalite movement. Indeed, Dharmapuri district has been the hot bed of Naxalite activities since 1969. Th e Naxalites had started the movement in the district by taking advantage of the backward condition prevailing in many parts of the district. Besides, prevalence of diff erent dialects like Tamil, Telegu and Kannada language in border areas and the inaccessibility of the areas had helped them to expand their base. Th e agrarian labourers lent their support tacitly to the new-born movement. Increasing incidences of violent activities were reported in the bordering Karnataka and Andhra Pradesh that had strong infl uence in the district. Until November 2002, the district witnessed a total of 26 violent Naxalite incidents. Th e death of Ravindran in 2000 and Siva alias Parthiban in 2002 in police encounters and the arrest of several front ranking leaders were major setbacks to the then PWG outfi t. Available studies suggests that Naxalism thrives in areas which are socially and economically backward and where state government fails to enforce its rule of law and defend the people from the clutch of the Naxalites. Naxalites also ensure that such areas remain perpetually backward and permanently cut off from the state power. Moreover, Naxalites always prefer tri-junction5 districts with forest cover to mobilize their forces. Naxalites have generally chosen hilly and forested regions which provide them topographical advantage. In this context, Krishnagiri and Dharmapuri districts are seen as best options due to their topography and being the tri-junction districts

5 A district having access to more than one or more neighbouring states.

January–March 2008 Tamil Nadu Police Journal 99 of Tamil Nadu bordering Karnataka and Andhra Pradesh. Further, these districts have in the past witnessed activities of Naxalites who have tried to exploit issues like usury, plight of tribals and the general backwardness of the area. Geo- political location of the Dharmapuri districts and continuity of the Naxalite movement in Andhra Pradesh could also be a motivating factor for the cadres. Th ough Tamil Nadu by and large has been free from Naxalite violence, the State administration is vigilant to the possibility of any Naxalite threat. Th e State government has been focusing attention on these areas both in terms of police action and developmental measures to deny a foot-hold to Naxalites.

State Responses from 1969–2002 Initially, the Tamil Nadu government treated the Naxalite problem as a law and order problem. Following the murders and dacoities in Th anjavur, Cuddalore, Trichy, Dharmapuri, Virudhnagar and Vellore districts between 1969 and 1982, police off ensive mounted on the Naxalites. A consistent development policy on the part of the government and ruthless police action against the Naxalites virtually stamped out the movement in the early 1980s. Over the years, the State government has modernized and strengthened its police force. Today, Tamil Nadu has the third largest sanctioned strength of civil police and ninth largest sanctioned strength of armed police. Tamil Nadu has 131 policemen per lakh of population against the national average of 122. In terms of density, Tamil Nadu ranks 14th with 64.6 policemen per 100 sq. km, while the all India fi gure stands at 42.4. It has the 3rd largest number of police stations next to Andhra Pradesh and Uttar Pradesh.

100 Tamil Nadu Police Journal January–March 2008 A special cell in Criminal Investigation Department (CID) was formed in 1978 specially to collect intelligence on extremist activities. Th is was later known as ‘Q’ branch CID. Observing recurrence of the Naxalite movement in Dharmapuri district the State government formed the NSDW on September 13, 1980 at Krishnagiri to deal with the Naxalites. Subsequently, the NSDW was shifted from Krishnagiri to Dharmapuri on 01 February 1989. Presently, Dharmapuri and Krishnagiri districts have got NSDW. After the Th eni incident and the emerging Maoist movement in the border villages of Vellore district, there is a move to open the NSDW in other Naxalite aff ected districts. Th e NSDW plays multiple roles like intelligence gathering, socio-economic survey of villages, strengthening police-people relations, participating in combing operations and off ensive operations in the districts. Th e NSDW had also been coordinating with the District Rural Development Agency for carrying out development programmes in the naxal-prone villages and creating employment opportunities for the people.

STF’s Role and Functions Th e Special Task Force (STF) constituted in 1995 has been attending to many tasks including controlling the left wing extremism. Skilled in commando operations, the STF does both combat as well as building a partnership with the tribal people to identify and solve their problems and making them more sensitized about the Naxal threats. Th e entire operational area of STF is divided into fi ve sectors spread over fi ve districts of Tamil Nadu. Th e sector- in-charge and the police personnel have close liaison with the village headman and the people in general. Th e socio-economic

January–March 2008 Tamil Nadu Police Journal 101 parameters including health, education and other civic amenity are being continuously monitored and the feedback obtained are reported to the concerned government authorities (Revenue, forest and Panchayat) for necessary action.

State Responses from 2003 Onwards 6 Until 2002, in response to the recurrence of the Naxalite movement, the police took stringent actions in the districts especially in Dharmapuri resulting in the arrest and death of a number of active cadres. Sensing the heat, the Naxalites revised their strategies and suspended annihilation tactics. Splinter groups of the Naxalites stayed with the villagers and preached their ideology and mustered their support by involving themselves in the problems of the down-trodden people. As repeated police actions failed to check the menace completely, the authorities realized that the socio-economic problems of the villagers were exploited by the Naxalite groups to gain ground.

Political Initiative Resurgence of the movement in 1990s and 2000 compelled the government to adopt the ‘twin-track-policy’ (‘carrot and stick policy’) of tackling the security threat and simultaneously implementing development programmes. To further weaken the Naxalite movement, the administration proscribed the Communist Party of India-Maoist and its front organizations in the State under Criminal Law (Amendment) Act, 1908 on

6 Th e counter insurgency programme (both socio-economic and police actions) in Tamil Nadu was basically focused in Dharmapuri district. Th e Krishnagiri district was formed in 2004 from Dharmapuri district with an objective to facilitate developmental programmes in the region. All the narratives in this section are related to Dharmapuri and Krishnagiri district.

102 Tamil Nadu Police Journal January–March 2008 July 13, 2005. Earlier, the CPI-ML (People’s War) and its front organisations RYL (Radical Youth League), RSU (Radical Students Union), Uzhavar Uzhaippalar Maamandram and Puratchigara Pengal Iyakkam were banned on September 10, 2004.

Proactive Measures taken by the Police Proactive policing measures have been undertaken in Krishnagiri and Dharmapuri districts to wean away the youth from Naxalite infl uence. Th e Tamil Nadu police and district administration believes that the Naxalite activities can be eliminated by creating awareness among the people and by providing basic amenities as well as employment to the youths of the area. After the Uthangarai operations against the Naxalites on November 24–28, 2002 the state government with a vision to counter the menace introduced a socio-economic development programme to improve the infrastructure facilities and employment in the backward regions of the State, particularly in the districts which are sharing border with Karnataka and Andhra Pradesh. During the year 2003-04 around eight crore rupees was spent under the socio-economic programme in the Naxalite aff ected bordering districts.

Socio-economic Survey Socio-economic survey was conducted in Dharmapuri and Krishnagiri districts for the identifi cation of illiterate / semiliterate unemployed youth in 2004–2005. On the basis of the survey report, 1000 unemployed youth in the age groups of 18–35 years have been selected from Naxal prone areas of Uthangarai, Singarapettai, Pochampally, Nagarasaampatty, Uthanapally, Anchetty, Denkanikottai, Kallavi, Bargur, Kandhikuppam and Veepanapalli police station limit of Dharmapuri and Krishnagiri district panchayat. Th ey were

January–March 2008 Tamil Nadu Police Journal 103 given short-term intensive/technical skill training and the Residential/Non-Residential certifi cates were issued to them to apply for jobs and for higher studies. Games Volleyball and other sports facilities have been provided in 35 villages in Dharmapuri district to keep the youth occupied and to channelize their energies towards constructive physical activities. Th is initiative has been welcomed by the villagers. Library and Mobile library On the request of the youths and on the initiative of police, two branch libraries in two villages, Naikenkottai and Mookkanoor, have been set up. To cover remaining villages three mobile libraries have also been organized. It has improved reading habit and has inculcated positive thinking among the rural youth. Development Activities All the 35 villages in Dharmapuri district and 51 villages in Krishnagiri district have been covered by the police by deputing one police personnel for each village. Civic problems of the villages such as drinking water, road, transport, medical facilities, education, electricity etc. are taken note of by the police and reported to the district administration for taking necessary remedial measures. Th e government of Tamil Nadu has sanctioned fi ve crore rupees to fulfi l the basic amenities and development works in each district. Career Guidance Camps have been held to train the village youth to succeed in recruitment camps conducted by the Army, paramilitary and the police. Recently, 269 youths were guided for the selection

104 Tamil Nadu Police Journal January–March 2008 of Central Reserve Police Force (CRPF), and of these, 25 have been selected. Th ree youths were also selected in Border Security Force (BSF) and one in Coast Guard. Th e guidance to the youths by the police makes them self-confi dent and gradually bringing them to the mainstream. Th e eff ort of the police has been well appreciated by local people.

Rehabilitation Measures Under the rehabilitation scheme, a total of 16 misguided youths have given up Naxalite activities. Th ey have approached the police for their rehabilitation and were guided properly to get bank loans and fi nancial assistance through district administration to earn a livelihood. Ten youths have already received bank loans and remaining applications are in process.

Winning Over the Confi dence of the Public Th e above proactive approach by the police made a tremendous eff ect over the public. Th e public in the 35 villages who were not so friendly with the police and resented police presence in the villages are now inviting the police to their villages for sports activities and seek civic remedies through them. Th is police-public cooperation have had a positive eff ect among the people of the area and has been proving highly useful to counter the Naxalite activities in the naxal infested villages.

Other Special Measures Taken by the State to resolve the confl ict Apart from the police, the district administration is also undertaking rehabilitation measures for unemployed youths. For instance, B Shivakumar from Kumbalam village and C Rajkumar from Beeralam who earlier worked as labourers are now working as team agents at a rural call centre in

January–March 2008 Tamil Nadu Police Journal 105 Sanasandiram, one of the most backward hamlets in north Tamil Nadu. Th is back-offi ce of a Geneva-based IT fi rm helps them earn Rs 5,000 per month. In fact, it has ushered a revolution of sorts in Sanasandiram, located in the Naxal- aff ected Krishnagiri district.

Combing Operations and Intelligence Gathering However, the state government’s counter insurgency policy is not confi ned to only socio-economic programmes. As part of carrot and stick policy, security forces resort to combing operations since 2004. Since naxalite unrest is being noticed in the bordering states of Andhra Pradesh and Karnataka in recent times, border check posts were erected at 23 places. Th e state has got around 69 kilometers border with Andhra Pradesh locating 28 villages and about 267 kilometers of border with Karnataka locating 25 villages. Th ere are 32 entry points along the border. Vehicle checks are conducted round the clock to counter infi ltration of Naxalites into Tamil Nadu. Bordering villages are being visited frequently and villagers were sensitized. Regular combing operations are being conducted to prevent intrusion of naxalites. Th e Dharmapuri district police have placed an eff ective information system in the rural areas, especially in the tribal belt to monitor any movement of strangers in the area. Th at has been helping the police in keeping a check on the infi ltration of Naxalites and other outfi ts into Dharmapuri district. Th e police make sure that when movement of any strangers ís reported, personnel from the nearest police station rush immediately to the spot and verify their details. Moreover, hill villages and Naxal-prone villages, where the population had been already enumerated by the NSDW, are being monitored and also the migrants are verifi ed by the special team at their

106 Tamil Nadu Police Journal January–March 2008 working and staying places in the neighbouring States. Th e Naxal-prone villages had been keenly watched to avert any infi ltration of the underground and new Naxals from the neighbouring States.

Other Programmes Undertaken During 2004–2007 Th e district’s Socio-Economic Development Programme (SEDP) and the NSDW were entrusted with the task of diverting jobless youth from the Naxal path. In 2003–2004, when the SEDP scheme was fi rst launched, the government sanctioned Rs. 5 crore for youth development and upgrading infrastructure in villages. Th is increased to Rs. 6 crore the next fi nancial year. Th e government also established the Dharmapuri District Development Corporation (DDDC) in 2004, the nodal agency for the SEDP, to provide job opportunities in the district and improve its infrastructure. Under Socio-Economic Development Programme special camps and short term refresher training camp of 400 youths selected from naxal prone villages have been conducted through NSD wing Dharmapuri at four centres i.e Dharmapuri 123, Pennagaram 125, Morappur 50, Krishnagiri 100 for fi ve days from July 10 2004 to July 17, 2004. Th e Collector had sanctioned Rs. 2,00,000/- for the special camp and short term refresher course. Each participant was given a T-shirt, a pair of shorts and canvas shoes. In the year 2005, the number of activities increased to 28 with inclusion of new areas. Th e activities include physical training for employment with security forces, competitive examination, training for private security guard jobs, sports camps, tournaments, tailoring, vocational training for fi tter, electricians and automobile repairing, computer, English- speaking course for BPO jobs, etc. Th e district agencies also carried out similar programmes in the year 2006. In the

January–March 2008 Tamil Nadu Police Journal 107 year 2007, the training progrmmes focused more on seeking private jobs. Th ese training proprammes and public-police friendly activities have been continuing in the year 2007 in Dharmapuri, Krishnagiri and Vellore districts. Besides proactive measures such as medical camps and grievance day were conducted in the bordering districts. Th e telephone numbers of the District Police offi cials are distributed in the villages to strengthen the relationship with the villages. Moreover, on the basis of the socio-economic survey report and police information, the Dharmapuri district civil administration has undertaken programmes to construct roads in remote and tribal villages to connect with National Highways and other district roads. Since connectivity is a major problem, a plan has been prepared to link the tribal villages of Vathalmalai, Periyur, Chinnangadu, Mannanguli, Kuliyanur, Kotlangadu, Naickanur and Karungallur with main roads. Th e administration has also set up tube wells in tribal pockets and is also constructing hostels in Dharmapuri town for tribal children to continue their studies. Th e State Government has been planning to lay a tar road connecting all the villages. But the plan was yet to be executed due to problems in land acquisition.

Resurgence of Naxalites Resurgence of the movement in 2007 in new areas has questioned the eff ectiveness of the ban on Naxalites. On June 25, three Naxalites were nabbed from a forest area in Periyakulam taluk of Th eni district by residents of a nearby village. Some others, including two women, managed to escape. Th e group was armed with latest rifl es and grenades. Interrogation of three Tamil extremists, arrested on July 25 in neighbouring Th eni district, has revealed the presence

108 Tamil Nadu Police Journal January–March 2008 of a Maoist group in Tamil Nadu with links to Naxalites in neighbouring Andhra Pradesh. Initial investigation of the arrested, including two law college students, has found the existence of the new outfi t headquartered at Dharmapuri. It is suspected that about 400 college students from various places across the state would have become members of the movement. Th e main objective of the movement was to rob the rich, corrupt offi cials and give the booty to the poor. Th e arms and explosives seized from them included grenades, pistols and some ammunition. Th e Naxalites had undergone training in the Western Ghats and had come to Periyakulam for second phase of training. Th ey had also received funding from Maoist groups of Andhra Pradesh. One senior police offi cial stated that the sustained combing operations in Dharmapuri, Krishnagiri and a few districts along the Karnataka border have forced the Naxalites to look for a new hideout in the south. Th is is the third major attempt of the CPI-Maoist to establish itself in Tamil Nadu. Th e Naxalites used sources to identify educated, unemployed and disenchanted youths with revolutionary thoughts. Another noteworthy incident was the arrest of a senior Maoist leader, Nagireddy Panduranga Reddy alias Sagar alias Pratap, the Secretary of Nallamala Forest Division Committee and another member of CPI-Maoist State Committee by the AP police near Chennai on December 05, 2007. Investigation revealed that another Maoist strongman, Th ota Kumaraswamy alias Tech Madhu and his wife Mary alias Madhavi alias Kavitha were operating from a house at Korattur, a suburb of Chennai since 2004. Th ey had been manufacturing spare parts for assembling 1,000 rocket shells and launchers coordinated with seven foundries in their own Bharath Fine Engineering in Ambattur area near Chennai.

January–March 2008 Tamil Nadu Police Journal 109 Responses of Political Parties to Naxalism Unlike other Naxalite aff ected states in India, Tamil Nadu has experienced stable governments since 1969. Th e two regional political parties successively in power in the State have adopted a consistent “carrot and stick” policy to deal with the Naxalites. Unlike other States—Andhra Pradesh, Chhattisgarh, Jharkhand, Bihar, Orissa—there is very little evidence of nexus between Naxalites and political parties and political leaders in Tamil Nadu.

Why Naxalism is a threat to Tamil Nadu? Although the Tamil Nadu government has successfully managed the Naxalite problem in the state, recurrence cannot be ruled out because of the prevailing social and economic problems. It is not only despair of the marginalized section on which the Naxalism thrives but it is the rage against the social injustice that keeps the oil burning. Poverty, rural indebtedness, unemployment, inequitable growth and exploitation form the breeding ground for Naxalites. If unchecked, they will pose a grave threat to the security of the State. Presence of industrial estates in Tamil Nadu close to the Andhra Pradesh border can be a source of support for the Naxalites operating inside Andhra Pradesh and elsewhere. Moreover, forest cover on the state border coupled with a history of the movement in the northern districts may lead to a revival and escalation of Naxalite activity in Tamil Nadu across the border7.

7 T. Rajendran, “Th e Internal Security Scenario in Tamil Nadu: An Overview” Tamil Nadu Police Journal, October-December 2006, p. 61. 110 Tamil Nadu Police Journal January–March 2008 Land Reform Th e Government of Tamil Nadu enacted several land reform laws, prominent among them being the ceiling on land holdings. Tamil Nadu presently ranks third after Kerala and West Bengal in terms of the small size of average holding. Despite land reform programme in Tamil Nadu, the pattern of inequalities in the agrarian structure and resultant social rigidities still exist8. Concentration of land has not been reduced to any signifi cant level due to land ceiling. Disparities among landholders continue, though in a diff erent form and among diff erent classes. In fact, social and economic domination of the village community by landholders and moneylenders continues. Power remains with those in the top layers of the land-owning sections and the empowerment of the rural poor has not happened.9 “Land for the tiller”, one of the cherished slogans of the progressive sections of the freedom movement, continues to be a distant dream for the vast majority of the 85 lakhs agricultural workers in the State.” 10

Caste Problem in Tamil Nadu As Naxalites have plans to use minority issues to divide the society on caste lines and use that as a political issue, caste issue in Tamil Nadu could be an opportunity for the Naxalites to penetrate new areas. Th e Naxalites have been working among tribals and Dalits and the problems faced by these

8 M. Th angaraj, “Land Reforms in India, Tamil Nadu: An Unfi nished Task”, Vol. 9, New Delhi: Sage Publications, 2004. 9 S. Viswanathan, “Land of Inequalities”, Frontline, Vol 21 (21), October 09–22, 2004. 10 Ibid

January–March 2008 Tamil Nadu Police Journal 111 sections included lack of access to cultivable lands, pressure from moneylenders and caste discrimination.

Counter Insurgency Policy in Other Naxal Aff ected States Th e high intensity of Naxalite activity and its recent spread to new areas, or increase in areas of marginal activity, has created fresh challenges for enforcement agencies in the States concerned. State Police forces in many of these States (Andhra Pradesh is an exception) are poorly equipped to handle the challenge and are enormously demoralized. Worse, utter confusion currently appears to prevail in the perspectives of the various State Governments, with a clear division between those who support a ceasefi re and negotiations, and those who have predicated such a process on a cessation of criminal activities by the PWG. While Jharkhand and Chhattisgarh have welcomed the peace talks in Andhra Pradesh and evinced interest in replicating the experiment in their States, Karnataka ruled out any cessation of police operations. Orissa, on the other hand, has maintained a position of studied ambiguity, while Bihar, Madhya Pradesh, Maharashtra, West Bengal and Uttar Pradesh have remained completely silent on the matter. Th e CPI-Maoist has now indicated that it is “not averse to” negotiations with other State Governments, provided “they give up their repressive measures.” Conclusion One of the factors contributing to the cause of the Maoists, is the marginalization of tribal population and non-redress of their grievances. Development-induced displacement coupled with the apathy of the administration has alienated the masses further and the Naxals are exploiting this situation to their advantage. In fact, the Naxalite movement in India is a combination of several factors like exploitation of peasants, tribals and labourers, absence of civic administration in remote 112 Tamil Nadu Police Journal January–March 2008 areas, poor governance, inequality, social discrimination (caste prejudices and atrocities), poverty, etc. Naxalism should not be treated as a law and order problem. Its focus has been on peasant and tribal uprising against exploitation by landlords and government offi cials. Hardly any honest eff orts have been made to address these issues and the governance problem in remote areas. Civil administration has collapsed in much of rural and tribal pockets in some of the aff ected States with endemic absenteeism of government offi cials. People are deprived from getting instance justice. Th erefore, police action is not the only measure: it should go hand in hand with attempts to address the root cause. Fortunately, Tamil Nadu has witnessed a consistent and pragmatic approach towards the problem.

Reference

1. Tamil Nadu Forest Department: A Comprehensive plan for the Development of the Primitive ‘Irula’ Tribes of the Krishnagiri District. (2005–2010), Forest Development Agency, Hosur, Krishnagiri, Tamil Nadu. 2. Socio-Economic Survey Report, Dharmapuri District Police, Tamil Nadu. 3. Personal discussions with serving and retired police offi cers who have fi rst hand knowledge of the problem. 4. Personal discussion with the villagers at Naickenkottai, Dharmapuri district, Tamil Nadu in September 2007. 5. Please visit http://www.dharmapuri.tn.nic.in/shb2006.pdf for district statistical hand book -2006 of Dharmapuri. 6. Please visit http://www.krishnagiri.tn.nic.in/ for district profi le of Krishnagiri.

FuG January–March 2008 Tamil Nadu Police Journal 113 INFORMATION COMMUNICATION TECHNOLOGY INITIATIVES IN TAMIL NADU POLICE

K.RAMANUJAM, IPS ADGP Training

Pleased and perplexed: this was my response when I heard a senior offi cer give vent to his anguish with the remark: “Isn’t it time the State Police had an intranet?” I was pleased because it showed the anxiety of the offi cers to harness the powers of IT. I was perplexed because the State, in fact, already has an intranet and it has been in place for two years. Th e realization that information about the IT capabilities of Tamil Nadu police has not percolated within the ranks provoked this article, compiled in consultation with Th iru P. Ramakrishnan, Superintendent of Police, Police Telecommunication Branch.

COMMUNICATION Tamil Nadu Police has been a pioneer in use of communication technology. Radio Telephony (wireless) was used by Police for the fi rst time in India in Madras Presidency during Moplah rebellion in 1921. A Telecommunication Branch was started in Chennai in 1948 with army-disposed HF equipment.

114 Tamil Nadu Police Journal January–March 2008 Figure 1: Information Communications Technology components

ACD Automatic Call Distribution AVL Automatic Vehicle Location CAARUS Crime Analysis and Automated Records Updating System CIPA Common Integrated Police Application ENRAS Enmail Road Accident Analysis System FACTS Fingerprint Automated Criminal Tracing System MART Multi Access Radio Telephone MOB Modus Operandi Bureau RQWS Remote Query Work Stations WLL Wireless Local Loop

January–March 2008 Tamil Nadu Police Journal 115 Microwave Today, wireless sets have become ubiquitous, with static sets, mobile sets and handy walkie-talkies. A special feature of wireless communication, unique to Tamil Nadu Police, is the microwave network, fi rst established in 1979. With repeaters located in many hill-stations, microwave network connects the state headquarters and all the district headquarters. Connected to telephone or fax instruments, this network provides voice communication and fax capability, replacing or supplementing the telephone network. Connected to computers, the same network enables data communication. An innovation implemented by the technical staff is the linking (patching) of microwave network to the District VHF network. When the need arises (say, during a major law and order problem or during a VVIP visit), the VHF channel of a district can be patched to the microwave link, enabling monitoring of the district communication in headquarters. If necessary, senior offi cers can communicate over the wireless set with any offi cer available on the district channel. Th is means the DGP can talk over wireless to an offi cer moving in his jeep somewhere in Kanyakumari. Th is facility has come in handy on many occasions. When caste riots broke out in Bodi in 1989, the district channel could be monitored from headquarters to get a real-time account for what was happening in diff erent parts of the district. As the district administration was overwhelmed by handling the events, it was the state headquarters which was able to keep a tally of incidents and casualties by passively listening to the communication. Technical Services staff are now working on another innovation to enable offi cers to talk on the patched VHF channel using their microwave telephone instrument instead of using a wireless set.

116 Tamil Nadu Police Journal January–March 2008 Enmail Since 1990, the State police have been using computers for message transmission among the districts, displacing HF and teleprinters. Initially, point-to-point communication was in vogue. In 2000, Enmail communication system, a server based, centralized system, was introduced for message transmission using this microwave backbone. On an average, about 450 mails are handled on a typical day by this system.

WAN A Wide Area Network (WAN) or intranet was introduced in 2005. Th is uses a mix of microwave, ISDN lines (originally provided for video conferencing), leased telephone lines and ordinary telephone lines (known in Geek circles POTS or Plain Old Telephone Service) to provide data communication between all police stations, DPOs, special units and the state headquarters.

Figure 2: WAN Home Page January–March 2008 Tamil Nadu Police Journal 117 About 3500 WAN mail IDs and passwords have been assigned for access to the intranet. Th e WAN is intended to provide:

z Mail exchange between all the units connected to the WAN.

z File transfer

z Web based applications, which can facilitate collection and automatic compilation of data

z Portal with reference material.

z Internet access (now available only in Chief Offi ce) Th e earlier messaging system enabled transmission of messages through computers only between district headquarters. When a message was sent from state headquarters to the districts and if it had to be repeated to the police stations, then the message used to be read out over the VHF. Now, the district headquarters can transmit the message to the stations or other units in the district through WAN. Th is frees the VHF channel for use only during emergencies. In fact, in some districts where the system is being used eff ectively thanks to the initiative of the SP or the Commissioner, the VHF channel remains silent for hours at a stretch as routine messages are not being read out over the VHF. WAN infrastructure now provides only the skeleton; it can be improved further. Th e home page provides access to a digital version of the PSO, Circulars (issued between 1996 and 2002), Microwave Directory and police strength particulars. Some more modifi cations will enhance even the existing facilities. For instance, the PSO is a single pdf fi le of about 37 MB size. Downloading it over a dialup line from a Police Station will be next to impossible. Breaking up the material into small chunks or pages with search facility will improve the utility.

118 Tamil Nadu Police Journal January–March 2008 Figure 3: A Message Transmitted Th rough WAN Th e WAN has been used by PTB for its own web based applications in the form of PTB Technical Store Inventory System and the PTB Staff Personal Information System. PTB staff anywhere in the State can access their personal information (say, their leave account) through this system. Th is has been made possible, of course, because of offi ce automation in PTB, which feature is not yet available in other units. A web based application also allows the PTB to collect information about the working condition of wireless sets across the state and consolidate the information automatically. Th e full potential of the WAN can be derived if such web applications could be developed for other users. Another major problem is that police stations depend on telephone dialup for access to the WAN. Since a ceiling has been fi xed on monthly telephone charges, some offi cers disconnect the ‘95’ service required in some places to access the district server. If the telephone ceiling is revised or if some January–March 2008 Tamil Nadu Police Journal 119 other form of connectivity can be provided, WAN will be put to use throughout the state more eff ectively. Some procedural issues relating to WAN also need to be addressed. Many offi cers probably do not open their WAN Mail Boxes, either because they are not aware of the existence a WAN mail box under their designation or because they are on tour or on leave, or because they just cannot be bothered to open the mail. To overcome this problem, a central mailbox needs to be designated for each offi ce to receive messages and distribute them to the concerned offi cers. Th is will also help to prevent the system from being clogged by messages being individually addressed to a number of offi cers in the same offi ce (possibly with none of them opening it).

WLL Another feather in the cap of Tamil Nadu police is the introduction of Wireless in Local Loop (WLL) system for communication within Chennai City. Th is is based on Cor- DECT technology developed indigenously by IIT Madras and Midas Communications under the leadership of Professor Ashok Jhunjhunwala. WLL instruments have been provided to all police stations in Chennai city and also to special units in the headquarters. To my knowledge, we are the only police force in the country to use this technology. Th is facility can be used as a simple telephone for communication among those connected by WLL. It can also be used for data communication. In fact, both voice and data communication can take place simultaneously. WLL network is also connected to the microwave network. Th is enables any WLL user to contact any microwave phone user in the Police microwave network. Th e adoption of this technology has helped the department to dispense with

120 Tamil Nadu Police Journal January–March 2008 Non-Exchange Lines taken at substantial recurring annual cost from telephone companies to provide connectivity to the microwave exchange. Because of the availability of Closed User Group system for Chennai City Police and the mushrooming mobile phone services, WLL telephones are not being put to optimal use. Th ey can, however, be profi tably used for data communication.

POLNET Polnet is a centally sponsored scheme to connect all district headquarters throughout the state using VSATs and all police stations through Multi Access Radio Telephone (MART). All the districts in the State have been connected already. As for MART linkage, because of some inherent limitations in the technology, only about one third of the police stations can be connected. Th e Technical Services is, however, trying to extend the coverage by shifting MART base stations to some central location within each district. Polnet had a gestation period of a decade or two. After this long wait, the fi nal product is still beset by problems: VSAT communication is marked by time delay, which may be an irritant for users, and the reach of MART is limited. It will take some time to assess POLNET’s actual utility. Th e Technical Services is exploring whether POLNET can be used as a standby channel for the WAN.

Video Conferencing Video conferencing facility was extended in 2003 to all district SPs, Range DIGs and Zonal IGPs and the DGP. Th is works on ISDN line but since a single ISDN line has been sanctioned to each unit, only point-to-point video conferencing is possible, except for the DGP’s offi ce where multipoint conferencing

January–March 2008 Tamil Nadu Police Journal 121 is provided enabling up to 4 participants to sit in a virtual conference room. Some offi cers have made use of broadband to try out alternative video conferencing techniques like Yahoo Messenger.

Modern Control Rooms Chennai city was the fi rst in the state to get a Control Room equipped with Automatic Call Distribution and Automatic Vehicle Location systems. With the help of digital maps and GPS instruments fi tted in police vehicles, the location of any patrol vehicle can be monitored on-screen and directions given to the nearest patrol vehicle to proceed to a spot from where an emergency call has been received. Th is system has been extended to Madurai and Coimbatore, and has also been proposed for Trichy, Salem and Tirunelveli.

Monitoring of Traffi c Junctions In Chennai city, video cameras have been fi tted in important traffi c junctions, with the pictures being relayed to the Traffi c Control. Any violation of traffi c rules by a motorist can be taken note of by the Traffi c Control Room through this video monitoring. In Trichy city, Th iru. Jaff er Sait and Th iru. Shankar Jiwal, as Zonal IG and Commissioner of Police respectively, have introduced advanced traffi c monitoring systems.

Closed User Group (CUG) for Mobile Phones Some districts have already introduced Closed User Group system for the landlines. Calls within the CUG are treated like intercom calls and are free of cost, except for a fl at rate

122 Tamil Nadu Police Journal January–March 2008 of additional charge to be paid to the telephone company. A proposal has now been announced to provide CUG for mobile phone at state level or district level for offi cers down to the rank of Sub Inspectors.

Broadband Another scheme under consideration is provision of broadband facility to all police stations. Th is will, of course, depend upon the availability of broadband locally. Care will also have to be taken to see that security of the network is not compromised by access through public domain (internet). Provision of Virtual Private Network (VPN) over broadband may be one option.

Computer Applications Crime Analysis and Automated Records Updating System (CAARUS) A computer package to replicate the scriptory work in police stations was developed a few years ago. It can automatically update a number of records with one entry. It can generate registers and abstracts maintained in the stations and also create a number of reports and answer search queries. Th e application was piloted successfully in Coimbatore City under the personal guidance of Th iru. Sanjay Arora, then Commissioner of Police, Coimbatore. Th e application has been installed in most police stations in the state but to what extent it is being utilized will require a detailed study.

Common Integrated Police Application Th is software was developed by NCRB with the help of NIC and has been installed in about 150 police stations in the state. Installation in other police stations is proposed. It is largely based

January–March 2008 Tamil Nadu Police Journal 123 on the Crime Criminal Information System (CCIS) introduced in mid-1990s across the country. CIPA also seeks to incorporate station records. It will need a great deal of customization to suit the requirements of the state. Considering that 8 lakh cases are registered and about 8 lakh accused arrested in a year in the State, entering detailed information about all cases and all accused will be a mammoth task. Simplifi cation of data entry requirements (with detailed data capture for important types of cases and limited data entry for less important cases) will make the system more user-friendly.

FACTS A computerized system of fi ngerprint search has been available in the state for over 7 years. Th is Automatic Fingerprint Identifi cation System (AFIS) called FACTS helps to identify chance prints by comparison with the huge database available in the state fi ngerprint bureau headquarters. A search that may take many man-days can be completed within an hour using this software. An upgraded system is being installed now in FPB. Some districts were also connected by RQWS (Remote Query Work Stations) which can submit chance prints to the central system through microwave dialup for search.

Document Management A few years back, a beginning was made in digitizing printed material, by scanning printed pages of PSO (Volume I) and building an overlay of Optical Character Recognition (OCR) enabling search of the contents. All Circulars issued by Chief Offi ce between 1996 and 2002 were also digitized in this manner. Both these materials (PSO and Circulars) were supplied in the form of a CD to the districts for ready reference. If you want to locate any circular issued between 1996 and 2002 on, say, rewards, you can quickly locate it using the search facility. Th e material has been uploaded in the WAN also. 124 Tamil Nadu Police Journal January–March 2008 Figure 4: PSO and Circulars in Digital Format

Figure 5: Results of a Search of the Circulars: A click on any item will take you to the circular. January–March 2008 Tamil Nadu Police Journal 125 Using the same method, Secret Abstracts for over 100 years were digitized for reference in Special Branch. DPO Automation Th e police department has a centralized administrative system under which all establishment and fi nancial aff airs relating to a district are dealt within the DPO. Automation of the processes handled at DPO will help to speed up routine administrative work. With this aim in mind, a Pilot Project was implemented in PTB offi ce. Th e system was designed in such a manner that a Note File, Proceedings, District Order and Bill will be automatically generated and simultaneously records like Service Book will be updated. Th is system will be particularly helpful in areas like grant of increments and preparation of Number Statement, etc which normally take up many hours of manual work but are still prone to errors. Th e application is learnt to be working fairly satisfactorily in PTB offi ce. Providing a touch-screen kiosk at DPO will also enable police personnel to ascertain personal details or status of GPF loan sanction, etc without having to approach the concerned Ministerial staff . Crime Reporting Tool Th is was introduced about 6 years back to collect information daily from the districts about all grave crimes and about certain other types of occurrences like missing persons and unidentifi ed bodies. Th e information is supplied to the PTB offi ces in the districts and entered into the system. Th e data collected from all the districts is compiled by the system at PTB headquarters and a report for the day prepared. Th e system also helps one to search for occurrences of a particular type in a particular district, range or zone or for the entire state.

126 Tamil Nadu Police Journal January–March 2008 Figure 6: Crime Reporting Tool—Snapshot of Welcome Page Th e application was kept deliberately simple with only six fi elds of information to be entered for any crime. Usernames and passwords were supplied to all senior offi cers for access to the Crime Reporting Tool.

Figure 7: Snapshot of Daily Crime Report for 17/5/08 January–March 2008 Tamil Nadu Police Journal 127 Accessing the system by dialup, I found it rather painfully slow in generating the search output but presumably it makes no diff erence because today, only a few districts are entering the data and hardly anybody is viewing the output.

Other Applications MOB Software: Th is software is meant for collection of data, in 54 diff erent proformae, for compilation of statistics by the Modus Operandi Bureau. Th e application has been loaded in SCRB and in DCRBx and CCRBx. ENRAS Th is application, intended for collection of road accident data, was locally developed with fi nancial assistance from the Ministry of Surface Transport, Government of India. It can help in identifying causes of accidents and accident- prone areas, which in turn will help to plan preventive measures. Portrait Building: Th is is another software developed and supplied by the NCRB. It has now been installed in all districts. Most of the features used for building a portrait are those of North Indians. According to a blog, the 557 photographs used as base samples were those of employees of the NCRB and State Crime Records Bureaus across India. Customization with features of the local populace will improve the success rate of the system. Another constraint has been that portrait building eff ort is considered a success once a portrait has been developed on the basis of descriptions given by a witness. Th ere is no follow up by trying to compare the portrait with the person eventually arrested. Motor Vehicle Coordination: Using a system and data supplied by the NCRB, Motor Vehicle Coordination counters have been set up at SCRB and Chennai Traffi c Police to enable the public to seek information whether a vehicle proposed to be bought is involved in a theft or any off ence. 128 Tamil Nadu Police Journal January–March 2008 Talash Software: Th is software, again contributed by NCRB, is used for entering and co-ordinating the persons Arrested, Wanted, Missing, Kidnapped, Escapees, Deserters, Unidentifi ed persons and Unidentifi ed dead bodies. It is operational in SCRB where data furnished by the districts is used for matching wanted or missing persons with arrested persons or unidentifi ed bodies.

Utilisation: In December 2004, I visited a coastal village which suff ered one of the heaviest casualties in the devastating Tsunami. Questioned whether there was a video recording of the Tsunami or its aftermath, the station personnel off ered a bland reply that a videographer could not be located for hire. When I asked whether a video camera had not been supplied to the station, the SHO replied that a camera was yet to be supplied. Meanwhile, the Writer brought out a video camera, received about two months back but still preserved in its pristine glory, with the original packing unopened. Pat came another excuse: no one had yet been trained to operate the camera. Th e narration above will show that Tamil Nadu Police does not lack the infrastructure or initiative in use of Information Communication Technology. An added advantage we have at our disposal is the large team of dedicated technical personnel, some working in inhospitable and inaccessible areas maintaining the communication network round the clock. It is sustained implementation, especially in the computerization eff ort, that needs a boost. Equally important is that awareness of available resources has to permeate down the line so that full benefi t can be derived from Information Technology. For a system like RQWS to work, the computer, scanner, modem and the microwave line have to be functional, all at the same time. If any one of them is not in working condition,

January–March 2008 Tamil Nadu Police Journal 129 RQWS cannot be used. Unfortunately, maintenance of equipment is an aspect that does not get the required attention. Although computers, fax machines, photocopiers and video cameras have been supplied to all police stations, they sometimes lie idle because of lack of maintenance or for want of spares and consumables like toners. During vehicle inspection in AR, SPs check whether the distilled water in the vehicle needs to be topped up and whether the brake lamp is working. But do they seek to fi nd out why the photocopier in the station is kept covered in a plastic shroud? It is in this area of maintenance that supervisory offi cers can make a contribution, by regular monitoring and by ensuring Annual Maintenance Contract and supply of spares and consumables. Our IT solutions tend to be technology-driven: we read about an emerging technological innovation and we want to use the technology. Technology for the sake of technology is of little use, and will only be a toy. We should aim for demand-driven solutions, using technology as a tool. Th is will be possible if we start using the available technological tools and evaluate their utility from the perspective of how they meet our needs. Isn’t it time we started using the intranet and a host of other ICT services to their full potential? FuG

130 Tamil Nadu Police Journal January–March 2008 ON THE TRAIL OF A TERRORIST SHAKEEL AKHTER, IPS IGP, Administration

The nineties were troubled times for the country, communal harmony under severe stress when Babri Masjid was demolished on December 6, 1992, in the wake of kar seva for the Ram Temple. Millions of Muslims in India were shell shocked and devastated. As ASP, Salem Town, I recall, being informed of a large gathering of Muslims in a marriage hall, after the demolition of Babri Masjid. On my request the SP, rather reluctantly, allowed me to talk to the gathering. Naturally, the SP was concerned as the crowd seemed agitated. Accompanied by a lone constable, I went in and addressed the gathering and was able to placate the crowd with reasoning and restore their faith in the administration. After this incident, we faced no problem, whatsoever, in maintaining law and order in those troubled times. Sadly, there were many who had received no such timely assurance and took it upon themselves to right the wrong that they perceived had been done towards their community, one such person being Imam Ali. Imam Ali was no ordinary youth; he stood for all the misguided youth of the world who believe making a diff erence means taking the law into their hands, willing to give up their own lives as well as take others’ lives.

January–March 2008 Tamil Nadu Police Journal 131 Imam Ali was born in a family of neo converts. After completing his 10th standard, while working as a radio mechanic in a shop, he set out to avenge the destruction of Babri Masjid. He assembled an IED and wanted to test it on a hilltop near Melur, his hometown in Madurai district. He contacted members of SIMI and requested them to see a demonstration of the crude bomb he had fabricated. He carried out the test blast in the presence of some SIMI members. Th e blast was noticed and the public caught and handed them over to the police. Imam Ali was detained under the NSA. While in Madurai jail, he came in contact with some Muslim fundamentalists. In a few months, he managed to escape from police custody. Other organisations sat up and took notice of him and recognized him as a means to achieve their end. Th ey saw in him the potential to add strength to their organisations. From there, began the journey of a terrorist who trained with terrorists in Srinagar and learned the fi ner techniques of manufacture of explosives and handling of weapons. He also went to Bangladesh in pursuit of his mission and stayed in Dhaka for about six months. Imam Ali was involved in many cases of bomb blasts including the one at the RSS offi ce in 1993, that claimed 11 lives and injured many. Th e blast had repercussions all over the state in the form of communal riots. Imam Ali evaded arrest and was emboldened further, but while planning to assassinate Ramagopalan, the Hindu Munnani Leader, in Coimbatore District in 1995, he was arrested on intelligence provided by the State Special Branch. By now, Imam Ali had become important to Fundamentalists and they looked up to him to motivate others and carry out their mission. Th ey perceived it as important to get him out of jail. While in jail, he made plans and drawings

132 Tamil Nadu Police Journal January–March 2008 of weapon models that looked like an AK 47. Th ese drawings and sketches found their way outside the prison when the prisoners were taken out for court hearings. Imam Ali was in prison till 2002. On the afternoon of March 7th, Imam Ali made a spectacular escape from custody. Twelve armed men rescued Imam Ali and his partners who were on their way to Palayamkottai prison under police escort, when they stopped for lunch en route at Th irmangalam PS in Maduai district. Automatic weapons designed by Imam Ali and country bombs were used in the rescue. Th e escape of Imam Ali became sensational and the police force was immediately on alert. In his escape, Imam Ali and his associates terrorised and created panic in the minds of the peace-loving people of Tamil Nadu. Th e police gave Imam Ali a hot chase and even exchanged fi re on the outskirts of Madurai town. While, Hyder Ali was caught within 24 hours, Imam Ali managed to escape with his other accomplices. Given Imam Ali’s diabolical nature, it was imperative that the police nabbed him as soon as possible to avert further acts of sabotage which were being planned like assassination of important leaders and blasts within the Meenakshi Temple in Madurai using remote control. Th ere were even plans to ransack the battalion at Manimutthar to acquire weapons. Th ese were dangerous men on the loose. Meanwhile, a team was formed to track him down. Our pursuit of Imam Ali took us all over Tamil Nadu and also to many other parts of India. For six months, we planned and counter planned and even anticipated this man’s movements and actions and many a time missed him by a whisker. Help was taken from as many quarters as possible at the same time, maintaining as much secrecy as we could. It was a game of hide-and-seek and our plans were limited to the core group of people to avoid any leakage. Modern technology was also used to track down Imam Ali and his associates.

January–March 2008 Tamil Nadu Police Journal 133 After the escape of Imam Ali from police custody, nothing was known about his associates. It was a diffi cult task to fi nd the details of his associates who helped him to escape from the police custody. Th e arrest of co-accused Hyder Ali alias Sounderrajan did not throw much light on the associates involved in this great escape. Meanwhile, some inputs were received from the Special Branch CID, about some Muslims of Madurai being involved in anti-social activities. Some photographs were obtained and continuous searches were organised in the houses, but they could not be located. A Special team was formed to collect intelligence. Th e driver of the vehicle that was used by Imam Ali’s associates to organise the escape was secured by the team. On questioning, the driver explained that the vehicle was hired and subsequently, at gun point, he was asked to get off from the vehicle. Blindfolded, gagged, hands and legs tied, he was put in a sack which was placed on the fl oor of the vehicle. It was probably good luck that he was able to identify the photographs of Syed Ibrahim alias Seruppu Kadai Syed who had hired the vehicle. Th is helped us to prepare the list of probable accused involved in this crime. We listed out the associates of Syed Ibrahim and formed a team for collection of intelligence and to secure them. Some arrests and intensive searches were carried out. Th e local Muslim community was agitated and disturbed. Th is rose to the peak when information of Imam Ali’s presence in a small hamlet was reported and we carried out early morning searches by cordoning off the area, but could fi nd nothing. We received information that local leaders and clerics were using this opportunity to turn the community against the police. Even Th e Hindu carried an article on their sentiments. On one such Friday, much against the concern of my seniors, I decided to go for the Friday namaz. At the namaz, speeches against the police, generally, and against

134 Tamil Nadu Police Journal January–March 2008 me personally, were made. People were asked to rally around and oppose the harassment perpetrated against them. Th ey were totally unaware of my presence. When they had done, I asked to speak to the gathering. In my speech I spoke of the necessity of throwing out the rotten apples among us and save the name of the community. I spoke at length of the activities that Imam Ali and his friends had associated with and asked them to judge for themselves, whether given their activities the police had done any wrong. Besides, I gave an assurance that no one from the community would unnecessarily be harassed and if at any point they felt any wrong they could freely approach me. I could feel the change in the hostile attitude of the people gathered. In fact, after the speech as I left, many came to see me off . As stated earlier, sometimes dialogue with the aff ected community or group makes a greater impact and facilitates smooth progress in investigations. After some time, on the basis of intelligence collected by our team, Jagabar Sathik Ali, a student of ITI at K. Pudur, was arrested. He was involved in the escape of Imam Ali. On his arrest, a notebook was seized from his custody. It contained a sketch of Bin Laden with a title hailing Bin Laden. On interrogation, it was revealed that Abdul Nainar alias Nainar Mohammed, an iron merchant at K. Pudur, facilitated the manufacture of weapons designed by Imam Ali at his shop. During the operation at a later stage, we were able to seize country-made guns especially designed by Imam Ali. For fi nancing this activity Nainar Mohammed along with his associates Ibrahim, Ismail and Faizuddin committed robberies. Jagabar Ali further confi rmed the involvement of the other important accused. Later, Abdul Nainar alias Nainar Mohammed, Fakruddin alias Police Fakruddin, Faizudin alias Fias, Sulaiman alias Syed Sulaiman and Syed Ibrahim alias Seruppu Kadai Syed were arrested by a team exclusively formed for this purpose. On interrogation of all of

January–March 2008 Tamil Nadu Police Journal 135 these arrested men, we came to know that Imam Ali had re- christened his group and given it the name of ‘Al-Mujahideen’ with the main aim of rallying poor Muslim youth around him, to carry out acts of sabotage in a few temples in Tamil Nadu to disrupt communal harmony. Th ey also planned to attack the TSP Battalion at Manimuthar and snatch more weapons and explosives. However they were unable to carry through this attack due to the relentless pursuit of our team. Th ese arrested accomplices did not give much detail about the whereabouts of Imam Ali and other group members. On our pursuit of Imam Ali, we found out that Imam Ali had addressed a bunch of youth belonging to Tirunelveli. We arrested a few of them and, to our horror, found that Imam Ali wanted to form a group of dedicated youth on the patterns of LTTE. He wanted to train them and wage a war in the name of Jihad to avenge the demolition of the Babri Masjid and perhaps one day, fulfi ll the dream of establishing Islamic rule in the country. A team kept visiting diff erent places like Rameswaram, Kayalpattinam, Tuticorin, etc. on the basis of our intelligence, but the main accused could not be arrested. We made continuous attempts to penetrate the stronghold within these groups to get some quality information and we succeeded to a great extent. On the basis of information collected, we visited Malapalayam near Th iruvananthapuram, but Imam Ali and party had already left the place before we could secure him. At this point, we got some credible information that the group was likely to leave for Allahabad, to carry out national level terrorist activities. It looked like we were running out of time. We wanted to secure him before he had any opportunity to implement any grandiose terrorist activity. We immediately rushed to Allahabad and organised surveillance with the assistance of Th iru.Vijay Kumar, SSP of Allahabad, but the group

136 Tamil Nadu Police Journal January–March 2008 dropped the idea of visiting Allahabad. Subsequently ADGP Intelligence, Lucknow was also briefed. Having missed Imam Ali and his associates by a whisker on two occasions—near Tirunelveli and at Trivandrum, we suspected that perhaps this gang was getting some information about our movements and keeping a tab on our activities too. Th is taught us a lesson that our movements must be kept secret and no one should be briefed unnecessarily. We realised that the fewer knew the better chance we had. Subsequently we got the information about the presence of Imam Ali and his friends in the city of Bangalore. We shifted base to Bangalore by maintaining proper secrecy and then started working upon locating him. We soon got the information that Imam Ali was staying as a Hindu in a busy locality of MSR Nagar. But this information, though it sounded exact at the time, turned out to be not so specifi c after all. It took us almost 10 days to pinpoint one place and locate the exact house that he was occupying. It took us daily trips under disguise to scan the area and fi nally locate the house. Th e man seemed to have chosen well and was living a discreet life and masterminding his future plans. In fact, all arrangements had been made for their departure the day after we fi nally caught up with Imam Ali and his associates. Locating the house was not the end of our dilemmas as they had chosen the hide-out well. Th ey had cleverly chosen a multi-storied building in a cramped locality, knowing fully well that we would be apprehensive of engaging in gun battle as other lives would be in jeopardy. Th ey were prepared to attack and were fully aware of our own handicap. At that time we had also received information that they had a huge stockpile of explosives, so we had to be cautious. It was with great deftness that we managed the operation without hurting

January–March 2008 Tamil Nadu Police Journal 137 innocent lives. During the operation Imam Ali and his associate Manga Bashir, Seeni Mohammed, Ibrahim Senior and one woman, subsequently identifi ed as Yasmin, were injured. Th ey were shifted to the hospital but declared dead. At the house were found an AK-47, that had been stolen from the Police, a country made revolver and a pistol along with other explosives. A letter was also obtained in which it was stated that they were planning to blast the Meenakshi Amman Temple at Madurai shortly. It was interesting to note that a majority of the associates were hardened criminals and all had been briefed about Jihad and urged to wreak vengeance for demolition of the Babri Mosque. Th is was the end of Imam Ali, but his philosophy still survives with his associates having the capacity to continue the disastrous mission. Some accused are out on bail and can easily get in touch with the increasing number of ISI infi ltrators and organisations like the Lashkar-e-Toiba and also arrange funding from major fundamentalist organisations. After Imam Ali’s escape their position has strengthened and they may have come to the notice of more deadly organisations. Caution, aggressive intelligence gathering and eff ective and regular policing are the need of the hour. Th is will act as a deterrent to emergence of another Imam Ali and resurgence of communal disharmony in Tamil Nadu due to terrorist activities. Th e credit for the success of this operation goes to the offi cers and men involved, and it is my sincere hope that such men will only multiply in our police force. I also appreciate the responsible response of the common people who supported and provided us information. FuG

138 Tamil Nadu Police Journal January–March 2008 PEER PRACTICE

Sniffi ng out Protesters

German police are compiling a database of human scents to track down possible violent protesters, at the Group of Eight (G8) summit in June. Th e method, once used by East Germany’s Stasi Secret Police, involves collecting scent samples in advance from selected targets. Th e scents are then passed to police equipped with sniff er dogs, who can pick the individuals out from a crowd. Germany is keen to avoid the unrest associated with previous G8 summits. A spokesman for Federal prosecutors confi rmed that samples of smell were gathered from fi ve suspects who were detained during recent police raids. It is understood the suspects were made to hold metal pipes in their hands and the samples of smell were kept by police. Investigators using sniff er dogs were able to compare the scent samples with traces left at the scene of more than a dozen arson attacks which are believed to be linked to anti- globalisation activists.

Stem cells for National Security Steve Stice, a University of Georgia animal science professor, hopes to use neural cells from stem cells to help in detection of chemical agents. Th e devices will detect change in electrical activity in the neural cells when exposed to chemical agents. Stice believes the project has huge implications for Homeland Security and the Department of Defence.

January–March 2008 Tamil Nadu Police Journal 139 Eco Terrorism David McGowan is serving a seven year sentence on charges of arson targeting private farms which sought to replace trees in natural forests with commercial tree farms. McGowan and his accomplices of ELF (Earth Liberation Front), believed the farms were involved in genetic research by growing a hybrid variety of poplar-cottonwood trees that would help timber companies replace the region’s old-growth forests with mono- cultured tree farms. Vocal Terrorism Computerised speech capable of mimicking any human voice is in danger of unleashing a form of ‘vocal terrorism’, where disinformation is spread by hacking into telephone networks, that British scientists have warned. Th e researchers believe that advances in synthetic voices, made by recreating digital versions of people’s vocal tracts, will make them indistinguishable from real human speech within 15 years. 3-D computer programmes allow the scientists to generate more natural sounding speech by simulating air fl owing through a real vocal tract. By stretching and constricting the virtual larynx, the researchers are able to recreate the movements of throat muscles that are used to produce diff erent vowels and other sounds. Dr David Howard of York University says “We’ll be able to synthesise the voice of anybody saying anything, based on hearing just a sentence or two of them speaking. It could be that you’re fooled into thinking your bank manager is ringing you, and gets you to divulge details of your account, or it could be that I’ve taken over a communications network for a country and I broadcast the sound of a leader to the people”. Human Traffi cking Human traffi cking is seen as second only to drug trade in some parts of the UK. Th ousands of women and children 140 Tamil Nadu Police Journal January–March 2008 are being sold into modern day slavery in the sex industry, forced labour and street robbery by criminal gangs that have exploited the surge in immigration. According to Th e Times:

z More than 10,000 women from Eastern Europe, Africa and the Far East have been sold to gangs at auction for an average of £2,500 and forced into sex slavery in British brothels.

z Groups of Romanian children are being smuggled into the country and forced to earn their keep as pickpockets in Central London.

z Unknown numbers of men and women, many from Asia, are enslaved as bonded labour to pay off debts of up to £10,000, to the criminal syndicates, that smuggled them into Britain. Women are lured to Britain on the promise of a good job but on arrival, their passports are stolen and the women are sold to gangs running brothels. Sixteen members of a gang that was smuggling Indian immigrants into Britain were recently arrested by the Belgian police.

Guidelines for Foot Patrol (Th omas F. Adams, Police Field Operations)

z Get to know the personality of the area

z Get to know as many people in the area as you can

z Be friendly and fi rm, not aloof and unapproachable

z Make a deliberate eff ort to meet and talk to people

z Walk close to the curb during day (to be seen by as many as possible) and close to buildings during nights

January–March 2008 Tamil Nadu Police Journal 141 (to be seen by as few as possible)

z Off er your services to distressed motorists, elderly citizens unable to cross the street, etc.,

z Maintain free fl ow of pedestrian traffi c by guarding against encroachment of pavements

z Change your routine, sometimes retracing your steps

z Do not neglect alleys

z During the night, approach each building with caution—stop momentarily in a darkened area to avoid being seen and listen for unusual sounds

z Watch rooftops and any means of access to the roofs of buildings Police Under Orders Not to Save Drowning Victims Th e emergency services in the UK are being told not to attempt to save drowning people because of health and safety restrictions. Amid a growing row over the failure of two police support offi cers to try to save a boy from drowning, both the police and the fi re service disclosed, that their frontline staff are instructed not to enter the water in case they put themselves in danger. An inquest heard how two Police Community Support Offi cers (PCSOs) had stood by, while a 10-year old boy drowned in a pond in Wigan. Senior offi cers with the Greater Manchester force, which employed them, said they acted “correctly”. Th e boy, Jordon Lyon, died despite a fully qualifi ed police offi cer subsequently plunging into the water in an attempt to rescue him. His force made it clear this weekend that the offi cer was acting on his own volition and contrary to advice. A Conservative MP blamed the compensation culture and fear of being sued, being the reason for such a tragedy. ‘Bent’ Police Offi cers A 30-strong crime syndicate of vicious white hoodlums led by 142 Tamil Nadu Police Journal January–March 2008 Colin Gunn and his brother, built a multimillion-pound crime empire in Nottingham with the support a couple of “bent” police offi cers. By 2002, murders and gun crime were so out of control that Nottingham, was nicknamed ‘Shottingham’. Anyone operating without permission on the Gunns’ ‘patch’ was dealt with brutally. Th eft was routinely punished with the culprit being shot through the hand, while others had their knuckles shattered with a hammer. A more serious off ence could lead to murder. Families moving to the estate were ‘visited’ and told that the brothers ran the show. On rare occasions, the police received genuine information from an informant, it invariably would led to nothing. Early morning raids in search of drugs and stolen goods were fruitless. Crooked policemen were tipping off the Gunns when a raid was imminent. Amidst utmost secrecy, unbeknown to almost all the 2,400 members of the Nottinghamshire force, 20 hand-picked offi cers were sent on Operation Utah, an undercover mission to target the gang. Th e operation led to conviction and prison sentences for the Gunns and their police accomplices.

Impersonation of Police Offi cer A woman portraying a police offi cer in TV was charged with impersonation in Pittsburgh, when she turned up in her police costume at a court hearing, where her son faced a weapons charge. While the woman claimed that she simply rushed to the courthouse without changing out of the faux police uniform, police claimed that she told a court employee she was a police offi cer and was looking for the probation offi cer on the case. Apart from impersonation, she was also charged with theft because she allegedly didn’t have permission to leave

January–March 2008 Tamil Nadu Police Journal 143 the downtown set with the $500 (€370) uniform, which is now being held as evidence. Extras must turn in all uniforms and props, which are secured by having the extras leave their identifi cation with the crew. Police Dog Stolen A police sniff er dog working for an elite Mexican drug squad was stolen during an airport transfer by thieves who left a mixed-breed puppy in its place. Rex IV, a highly trained Belgian Malinois sheepdog, with a string of drug hauls behind him, was checked on to a fl ight from Mexico City with seven other police dogs bound for an operation in the northern state of Sinaloa. But, when the dogs arrived at the destination, their police handlers discovered a small black Mongrel puppy inside Rex IV’s cage, with the sniff er dog nowhere to be seen. An airline employee told investigators that a man posing as a police offi cer appeared at the counter and asked to switch the puppy for Rex IV because the Malinois was unwell. Earpiece Comes to Rescue of Police Offi cer on ‘Offi cial Business’ A senior police offi cer who met an internet date for sex while on duty was acquitted of wilful misconduct. Masood Khan, 41, a British Transport Police Inspector, responsible for passenger safety across the southeast of England, logged on to uniformdating.com on July 22, last year and made arrangements to meet a woman the next day. He drove in a marked police car from his offi ce in Victoria, Central London, to Gatwick station where he had booked a police room at the station under an assumed name, stating that he needed it for ‘offi cial police business’. CCTV footage showed the couple going to the police room on Platform 2 at the station and emerging again 20 minutes later.

144 Tamil Nadu Police Journal January–March 2008 Mr. Khan was tried for misconduct in a public offi ce, but a jury at Southward Crown Court unanimously found him not guilty after deliberating for just ten minutes. He now faces a police disciplinary inquiry, after he admitted in court that he had acted unprofessionally. Mr Khan, who was in charge of a team of 20 offi cers, had claimed that he was ready to respond to any emergency because he was wearing his radio earpiece while he had sex. “Th e new radios we wear in our lapels – I had an earpiece in, on low volume. If there was a call for me, I would have answered it and dealt with it.”

Break-in at a Police Station An unknown number of people broke in through the front door of the facility in Matamata in New Zealand. Nothing was stolen and the culprits made good their escape, but not before one intruder who accidentally locked himself inside a holding cell, had to break a glass window, setting off an alarm which alerted the police about the intrusion. Police Sgt. Graham McGurk claimed, “Th ey got trapped in there. It’s quite a modern station, so you need an electronic tab to get out.” (Apparently, you do not need an electronic tab to get in.) FuG

Law & Humour A robber burst into a bank brandishing a gun and yelled at the teller, “Give me the money. One false move and you’re geography!” Th e teller said, “Don’t you mean history?” Th e robber screamed, “Don’t change the subject!”

January–March 2008 Tamil Nadu Police Journal 145 IMPORTANT JUDGMENTS

Double Jeopardy 2008 CRI.L.J 1329 (Madras High Court) [M/s Terry Gold India Ltd. & Ors. vs. M/s TVS Finance & Services Ltd.] Th e Court held that pendency of proceedings under the Negotiable Instruments Act, would not bar prosecution for cheating under the provisions of the Indian Penal Code and that such prosecution would not amount to double jeopardy. Th e judgment cites inter alia the following observations of the Supreme Court regarding the off ence of cheating:

z 2006(1) SCC (Crl) 746- Anil Mahajan vs. Bhor Industries Ltd: A distinction has to be kept in mind between mere breach of contract and the off ence of cheating. It depends upon the intention of the accused at the time of inducement… Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent, dishonest intention is shown at the beginning of the transaction. Th e substance of the complaint is to be seen. Mere use of the expression ‘cheating’ in the complaint is of no consequence.

z 2006(2) SCC (Cri) 49 – Uma Shankar Gopalika vs. State of Bihar: ... only in those cases breach of contract would amount to cheating where there was any deception played at the very inception. If the intention

146 Tamil Nadu Police Journal January–March 2008 to cheat has developed later on, the same cannot amount to cheating.

z AIR 2006 SC 2780 – IOC v. NEPC: A given set of facts may make out: (a) purely a civil wrong; or (b) purely a criminal off ence; or (c) a civil wrong as also a criminal off ence. A commercial transaction or a contractual dispute, apart from furnishing a cause of action for seeking remedy in civil law, may also involve a criminal off ence… the mere fact that the complaint relates to a commercial transaction or breach of contract for which a civil remedy is available or has been availed is not by itself a ground to quash the criminal proceedings. Th e High Court held that in the case on hand, a scrutiny of the complaints would show that, even from the beginning, the accused were dealing with the complainant, with a dishonest intention to cheat and the said allegations are suffi cient enough to see prima facie case, that there was a fraudulent intention on the part of the accused, right from the beginning. Points to be noted

z A transaction, depending upon the facts of the case, may involve both a civil wrong and a criminal off ence

z In a contractual dispute, cheating will be made out if there was deception from the inception. Writ petition seeking direction to Police to register FIR- Not maintainable 2008 CRI.L.J 1305 (Kerala High Court) [John C.V alias John Peruvanthanam vs. State of Kerala and others.] In this writ petition under Article 226 of the Constitution of India, the petitioner sought direction to the police to

January–March 2008 Tamil Nadu Police Journal 147 register a case against the Forest Minister of Kerala and others under the Forest Act r/w S. 120-B IPC. Th e judgment cites the observations of the Supreme Court in a nascent judgment dated 7-12-2007 reported in 2008 AIR SCW 309 in Sakiri Vasu vs. State of UP: “We often fi nd that when someone has a grievance that his FIR has not been registered at the police station, and / or a proper investigation is not being done by the police, he rushes to the High Court to fi le a writ petition or a petition under S. 482 Cr.P.C. We are of the opinion that the High Court should not encourage this practice and should ordinarily refuse to interfere in such matters, and relegate the petitioner to his alternating remedy, fi rstly under S. 154 (3) and S. 36 Cr.P.C before the concerned police offi cers, and if that is of no avail, by approaching the concerned Magistrate under S 156(3). If a person has a grievance that his FIR has not been registered by the police station, his fi rst remedy is to approach the Superintendent of Police under S. 154(3) Cr.P.C. or other police offi cer referred to in S. 36 Cr.P.C. If despite approaching the Superintendent of Police or the offi cer referred to in S. 36 his grievance still persists, then he can approach a Magistrate under S. 156 (3) Cr.P.C instead of rushing to the High Court by way of a writ petition or a petition under S. 482 Cr.P.C. Moreover he has a further remedy of fi ling a criminal complaint under S. 200 Cr.P.C”. In the light of the above pronouncement of the Apex Court, the Kerala High Court dismissed the writ petition, leaving the petitioner to his remedies under S. 154(3) Cr.P.C and S. 156(3) Cr.P.C and S. 190 r/w S. 200 Cr.P.C. Arrest and Anticipatory Bail 2008 CRI.L.J 1610 (Supreme Court) [Som Mittal vs. Govt of Karnataka]

148 Tamil Nadu Police Journal January–March 2008 Th is criminal appeal relates to the prosecution of the Managing Director of Hewlett and Packard under Karnataka Shops and Establishments Act for failing to give adequate security to a woman employed for work during night, resulting in rape and murder of the employee while travelling from her house to the workplace situated in the Electronic City, Bangalore. In his concurrent judgment, Hon’ble Justice Markandey Katju has referred to the deletion of anticipatory bail provisions in the state of UP. While recommending restoration of the deleted statutory provision, the judgment goes on to observe that “it is not binding on the state government/ state legislature but still it should be seriously considered and not ignored”. In the course of this, the following observations found in the judgment will be of interest: “It has been held by this Court in Joginder Kumar vs. State of UP and others AIR 1994 SC 1349 (para 24) that, “No arrest can be made because it is lawful for the Police Offi cer to do so. Th e existence of the power to arrest is one thing, and the justifi cation for the exercise of it is quite another…Except in heinous off ences, an arrest must be avoided; if a police offi cer issues a notice to a person to attend the Station House and not to leave the Station without permission would do”. “Despite the categorical judgment of the Supreme Court it appears that the police is not at all implementing it…” “Th e right to liberty under Article 21 of the Constitution is a valuable right and hence should not be lightly interfered with… One is reminded of Charles Dickens novel ‘A Tale of Two Cities’ in which Dr Manette was incarcerated for 18 years on a mere ‘lettre de cachet’ of a French aristocrat, although he was innocent”.

January–March 2008 Tamil Nadu Police Journal 149 “Th us the provision for anticipatory bail was introduced in Cr.P.C because it was realised by the Parliament in its wisdom that false and frivolous cases are often fi led against some persons and such persons have to go to jail…Even if such person subsequently obtains bail, his reputation may be irreparably tarnished… Th e reputation of a person is a valuable asset for him, just as in law, the good will of a fi rm is an intangible asset. In Gita, Lord Krishna said to Arjun: ‘For a self-respecting man, death is preferable to dishonour’ “. Point to be noted

z Except in heinous off ences, an arrest must be avoided.

Breach of anticipatory bail conditions—bail can be cancelled.

2008 CRI.L.J 801 (Supreme Court) [State of Punjab vs. Raninder Singh and Anr.] In case the respondents do not cooperate with the investigation, then it is always open for the State to move an application before the High Court for cancellation of the bail, which will be decided in accordance with the Law. Sec. 438 (2) (i) of Cr.PC is very clear that while granting anticipatory bail the Court can lay down a condition that the accused shall make himself available for interrogation, by a Police Offi cer as and when required. Th e purpose of such a provision is that anticipatory bail cannot be permitted to be abused. It is, therefore, implicit that, whenever the Court imposes such a condition in its order, and the accused called for interrogation or for certain investigation does not appear before the investigating offi cer, then it will be open for the State to move the High Court for cancellation of bail.

150 Tamil Nadu Police Journal January–March 2008 Point to be noted

z If an accused does not abide by the conditions of bail or anticipatory bail, the police can move for cancellation of bail.

Common Intention 2008 CRI.L.J. 802 (Supreme Court) [Sewa Ram and Anr. vs. State of UP] Sec. 34 [IPC] has been enacted on the principle of joint liability in the doing of a criminal act. Th e section is only a rule of evidence and does not create a substantive off ence… Th e liability of one person for an off ence committed by another, in the course of criminal act, perpetrated by several persons arises u/s 34, if such criminal act is done in furtherance of a common intention of the persons who join in committing the crime. Direct proof of common intention is seldom available and therefore, such intention can only be inferred from the circumstances… In order to bring home the charge of common intention, the prosecution has to establish by evidence, whether direct or circumstantial, that there was plan or meeting of minds, of all the accused persons to commit the off ence… be it pre-arranged or on the spur of the moment; but it must necessarily be before the commission of the crime. When an accused is convicted under Sec. 302 r/w Sec. 34, in law it means that the accused is liable for the act, which caused death of the deceased, in the same manner as if it was done by him alone. Th e provision is intended to meet a case, in which it may be diffi cult to distinguish between acts of individual members of a party, who act in furtherance of the common intention of all, or to prove exactly what part was taken by each of them. As was observed in Chinta Pulla Reddy vs. State of AP [1993 Supp (3) SCC 134]. Sec. 34 is

January–March 2008 Tamil Nadu Police Journal 151 applicable even if no injury has been caused by the particular accused himself. For applying Sec. 34 it is not necessary to show some overt act, on the part of the accused.

Police Custody

2008 CRI.L.J. 898 (Madras High Court)

[State vs. Sundaramoorthy] Th is case relates to the unearthing of a Naxalite training camp near Uthangarai in Dharmapuri district on 23.11.2002. Th e charge sheet under POTA and other provisions was fi led on 19.5.2003. Th e case against absconding accused Sundaramoorthy and three others was split up. Sundaramoorthy was arrested on 9.7.2007 and produced in POTA special court on 11.7.2007 and remanded till 6.8.2007. On 25.7.2007, the IO fi led an application under 167 (2) Cr.PC and 49 POTA, seeking police custody. Th e High Court has pointed out that investigation had been completed already and no petition under Sec 173 (8) Cr.PC. had been fi led, seeking specifi c order form the Court for further investigation, and therefore, under these circumstances application for police custody was not maintainable. Th e IO had sought police custody on the ground that the accused might have connection, with the other three absconding accused and might have known the hiding places of those accused, and places where arms, ammunition and explosives were hidden. Th e Court observed: “Prima facie we are of the considered view that, the above averments do not constitute suffi cient materials to sustain a petition for police

152 Tamil Nadu Police Journal January–March 2008 custody. In the teeth of Rule 76 of the Criminal Rules of Practice… the order for police custody cannot be made just for the sake of asking, but only when in the opinion of the court that such an order for police custody is necessary for eff ective completion of the investigation”.

Points to be noted

z If an absconding accused is arrested after fi ling of charge sheet and police custody of the accused is required, permission of the Court must be obtained u/s 173 (8) Cr.PC for further investigation.

z If police custody is sought, there must be proper and convincing reasons, that such police custody is necessary for eff ective completion of the investigation. Preventive Detention under NSA

2008 CRI.L.J. (NOC) 376 (Madras)

[Dhanalakshmi vs. COP Tiruchirappalli City and Ors.] NSA – Sec. 3: Power to detain a person to prevent him from acting in a manner prejudicial to relationship of India with a foreign country is vested only with Central Government or State Government, u/s 3 (1) and (2), and not with the Commissioner of Police. Th e act of detention passed by the COP is without jurisdiction. Grounds of detention stating that detenue helped LTTE, a banned organisation by procuring and smuggling iron balls used for bomb making to Sri Lanka—such assistance by detenue to LTTE by itself would not amount to an act prejudicial to the maintenance of public order, nor would it

January–March 2008 Tamil Nadu Police Journal 153 amount to a threat to the security of the State as long as they are not used in India.

Points to be noted

z If preventive detention is sought on grounds of prejudicing relationship of India with a foreign country, the detention order should be got passed by the Central or State Government. Such order should not be passed by the DM or COP.

z Smuggling of components of bomb to a foreign country may not ipso facto amount to an act prejudicial to maintenance of public order or posing threat to the security of the State.

Dying Declaration

2008 CRI.L.J. 1592 (Supreme Court)

[Shaikh Rafi q and Anr. vs. State of Maharashtra] A dying declaration recorded by a police offi cer was held to be a declaration that cannot be relied upon for the following reasons:

z Th e Police Offi cer was aware that special executive Magistrates were available for recording dying declaration, but he did not call any of them.

z He did not take a certifi cate from the doctor, that the person who gave the dying declaration was in a position to give a statement.

z He did not record the time when the dying declaration was recorded. 154 Tamil Nadu Police Journal January–March 2008 Passport: Seizure vs. Impounding

2008 CRI.L.J. 1599 (Supreme Court)

[Suresh Nanda vs. CBI]

During a search the police seized the passport of the accused. Th e accused sought release of his passport to enable him to travel abroad to London and Dubai for a period of 15 days.

Th e Supreme Court observed: “While the police may have the power to seize a passport u/s 102 (1) Cr.PC, it does not have the power to impound the same. Impounding of a passport can only be done by the Passport Authority u/s 10(3) of the Passports Act 1967… If the police seizes a passport, thereafter the police must send it along with a letter to the Passport Authority clearly stating that the seized passport deserves to be impounded for one of the reasons mentioned in sec 10(3) of the Act. It is thereafter for the Passport Authority to decide whether to impound the passport or not. Since impounding of a passport has civil consequences, the Passport Authority must give an opportunity of hearing to the person concerned before impounding his passport… In our opinion even the Court cannot impound a passport. Th ough, no doubt, Sec. 104 Cr.PC states that the Court may, if it thinks fi t, impound any document or thing produced before it, in our opinion, this provision will only enable the court to impound any document or thing other than a passport. Th is is because impounding a passport is provided for in Sec.10(3) of the Passports Act. Th e Passports Act is a special law while

January–March 2008 Tamil Nadu Police Journal 155 the Cr.PC is a general law. It is well settled that the special law prevails over the general law… Th is principle is expressed in the maxim ‘generalia specialibus non derogant’”.

Point to be noted

z If a passport is seized during an investigation, the Passport Authority must be approached for impounding the passport, if such impounding is considered necessary.

FuG

Law & Humour

Th e judge told the witness “Do you understand that you have sworn to tell the truth?” “I do.” “And do you understand what will happen if you are not Truthful?” “Sure. My side will win.”

156 Tamil Nadu Police Journal January–March 2008 PTC - COURSE CALENDAR January, February and March 2008

Sl. No. Title Date 1. Investigation of SC/ST (PA) Act 08-01-08 to 1989 and dowry death cases 19-01-08 2. Counterfeiting—Security Features 10-01-08 in genuine currency notes 3. Man Missing Module 29-01-08 & 30-01-08 4. Crimes against Women 05-02-08 to 06-02-08 5. Improvement of Investigation 12-02-008 Skills & 13-02-08 6. Right to Information Act 19-02-08 & 20-02-08 7. Counselling Techniques 26-02-08 & 27-02-08 8. Training of Trainers, Course for Staff 26-02-08 & of Temporary Police Recruits Schools 27-02-08 9. Juvenile Justice Act and Child 04-03-08 & Rights 05-03-08 10. Training of Field Level Offi cers on 14-03.08 Asset Forfeiture Provisions, under NDPS Act, 1985 11. Intellectual Property Rights 17-03-08 12. Debate on Human Rights 18-03-08 Awareness

January–March 2008 Tamil Nadu Police Journal 157 WORKSHOPS & SEMINARS

Sl. No. Title Date 1. Workshop on on Human Organ 12-03-08 Transplantation 2. Seminar on Asset Forfeiture 14-03-08 under NDPS Act, 1985

FuG

Law & Humour

Th e cross-eyed judge looked at the three defendants in the dock and said to the fi rst one : “How do you plead ?” “Not guilty,” said the second defendant “I wasn’t talking to you”, boomed the judge. “I never said a word”, replied the third defendant.

158 Tamil Nadu Police Journal January–March 2008 SNAPSHOTS

z Th e PTC, Chennai came alive on January 18, 2008, when 706 SI Cadets reported for training. With the Tamil Nadu Police Academy undergoing the fi nal touches, 300 of these cadets were sent to temporary PTC, Vellore and another 210 to temporary PTC, Coimbatore, for want of accommodation at the PTC, Chennai which housed 193 cadets apart from another 16 SI Cadets from Pondicherry. Th e cadets at Vellore and Coimbatore have been shifted to the Tamil Nadu Police Academy in April / May 2008.

z Training for the constabulary was commenced on February 29, 2008 at 16 centres in the state. Of the 3926 constables selected, 3775 recruits reported for training. A TOT was held for the SPs in charge of the Police Recruit Schools on February 23, 2008. Th is was followed by another TOT for the Vice principals in the rank of DSP on 26th and 27th February, 2008. Th e outdoor and indoor staff were also put through training on 26th and 27th February, 2008.

z Th e Chairman and members of the Th ird Tamil Nadu Police Commission handed over their report to the Honourable Chief Minister of Tamil Nadu on 13th February 2008.

z Th e Tamil Nadu Police Academy was inaugurated by the Honourable Chief Minister on March 15, 2008 at a spectacular function, graced by scores of dignitaries.

z Th iru. K. Natarajan, IPS, Director General of Police, took charge as DGP Training on January 18, 2008.

z Th iru. K.P. Jain, IPS, DGP and Chairman, TN Police Housing Corporation, took over as DGP Tamil Nadu on March 31, 2008 from Tr. P. Rajendran, DGP Tamil Nadu who laid down offi ce.

January–March 2008 Tamil Nadu Police Journal 159