DailyPost 2407

Seventy-five years is supposed to be a small time in the life of a nation, but if in the same time a constitutional democracy is not able to establish the bare essentials of the rule of law, then there is an issue. And that too a serious one. With all the grandstanding of governments do for *being called responsive, especially caring for the adversely impacted, the situation on the ground as dire as ever. Dilly dallying with First Information Report, FIR, as we call it has played havoc with policing and governance of this country as nothing else. It is Aadhar card of the victim providing access to criminal investigation.

Without confusing everything in legalese, that is justice at that point in time. It also gives a fair idea as to how sweet the journey would be through the evasive, elusive criminal justice system of the country. It is battle of the victim against well-entrenched state, which de-facto is not tuned to delivering justice in any manner. The recent struggle of the wrestlers to get their most basic right of getting an FIR registered, speaks volumes of the battle it would take to bring rule of law in this country. The victims have to literally wage a war for the purpose of an FIR is something the Constituent Assembly would not have imagined in its wildest dreams.

The Battle for FIR was waged by world renowned wrestlers who have brought name and fame to the country, in most dire circumstances, and under prolonged attack of indifference to direct threats. Worse still the crime is of sexual harassment and criminal intimidation. If these mortals were able to bring laurels to these country under such extreme duress, every single Indian needs to salute them. This case raises endless questions on our democratic existence itself. Do we need such law makers in the first place for whom FIR does not exist? Can the job of criminal investigation be taken over by ad hoc committee and similar mechanisms?

When Supreme Court has ad nauseam clarified the registration of criminal cases imbroglio, if it ever existed, still the Supreme Court has to intervene to get a criminal case registered! What has been the police doing? And what about the role of all those who supervise the Police? Are they not accountable to anybody or any constitutional propriety? Does rule of law does not apply to them? Has the been Police ordained to work on orders, good, bad or ugly, by the powers that be? All political parties seem to believe in this status quo and Police by its action makes the world believe, that they work only in this manner. It seems as if Police has no original powers. Everybody unaccountability and connivance are very well guarded.

Sanjay Sahay

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