DailyPost 1839
INVESTIGATION LESS INDIA
If all registered cases in this country are investigated on the touchstone of the statute in word and spirit, would the face of this country be different? We are not talking of the cases unregistered, which do not see the light of the day for a variety of reasons. Has the country seen any improvement in the free registration of cases and the quality of investigation in the last few decades? Codified law can be so differently used, can send down the spine of any right thinking individual? The story of the Enquiry Commissions are worth independent research, the way their findings do not see the light of the day. How does the system improve then, what is the worth of the time, energy spent and with it the taxpayers money.
Justice should not only be done but should also seem to be done. This is the maxim on which all judicial systems operate. This precisely means that a man of logic and even with no education would feel that justice is being delivered. Whatever may be the legality issue of investigation, it comes only after if you have a conscience. The standard practice is to judge the pros and cons in deciding which way to proceed, the only thing which is defeated in the process is investigation and finally justice. Investigation is the skill and the art of finding the truth in a legal manner, substantiating it, then taking it through the legal process to the final conviction. Can an untruthful person stick his neck out for finding the truth, which might not be conducive to the powers that be?
Only if all major cases in the country were investigated upon, with urgency and dedication, coupled with professional expertise and within stipulated timelines, the story of the country would have been radically different. From the ghost of 1984, the sordid saga continues with every single important case having gone through its own rollercoaster ride, to finally lessen down the image of the regular police, the investigative agencies and of govt as being the guardians of freedom, rights and above all human dignity. Things can even be traced back to Warren Anderson’s escape. High and the mighty escaping while the investigation is on belies all logic. We can endlessly detail case after case, but the fact that is driven home is of an investigation less India.
In a country where everybody is connected, the kid gloves investigation would keep appearing in some form or the other. Only some comes to light but otherwise it is the order of the day. There is always a hue and cry to hand over the case to the CBI or other specialised agencies, which indirectly means that the work churned out by the local police would be tainted. It has nothing to do with the expertise to investigate, or having ramifications beyond the state and the country. If we get into cases of money laundering, drug trafficking etc, they seem to appear in spikes. The case against police officials themselves and those in the government, as and when it erupts, adds insult to injury. While professional expertise is critical in any investigation, it can only deliver, if it is allowed to operate the way the case legally demands.
QUALITY OF INVESTIGATION DECIDES THE QUALITY OF LAW AND NOT THE VICE VERSA.
Sanjay Sahay
