Criminal case investigation and trial works as per strictly laid out law, procedure and evaluation of evidence. It means that each stakeholder of the criminal justice system works in an objective, independent, empirical manner with the highest level of competence and expertise towards the final delivery of justice and achieve it. Anybody outside this system logically and legally need not poke their nose into this exercise until and unless there are clear signs of aberration and there is more than enough legal remediation provided in the system. In reality the outside world plays a self created prominent role in the deliberations, creating cacophony around criminal investigation.
How much this impacts the investigation and trial, I leave it to the imagination of the readers. A parallel investigation (media trial) and a running commentary by politicians to suit their interest is orchestrated in every high profile criminal case investigation, depending on the political color and a variety of other vested interests. There are a few developments in the investigation of any high profile case in a day. The challenge for the media, more so the electronic one, is to transform it into a running 24 hours story. If it’s only for TRP and consequent monetary gains or with the vested interests or both is something which has held mainstream imagination for a long time.
Moving a little further and most of the time in tandem, we find political slugfest playing out. Alleging against the political opponent supposedly involved in the high profile crime has become the norm. Then a series of allegations and counter allegations and the endless effort at one upmanship. There are two very pertinent points, besides the unnecessary politicisation of criminal cases, the social stigma of criminality has vanished from the political ecosystem. With such references being traded all across the country, the civil society has been numbed, and follows the cases with indifference, and at times fun, as if it were some sporting events.
Whatever said and done, despite the grandstanding proclamations of governments, political slugfest does not serve the interest of investigation and trial of the case. All criminal cases are crimes against the state, its neutrality is critical, but more often than not we see governments taking sides, while the investigation is on. Extracting political gains is the main purpose and quite a few times they are successful in doing that as well. Riding on criminal / corruption cases, many times the governments have been toppled. Can the same political dispensations in power or out of it, be objective or remain aloof from criminal case investigation? What is the purpose of the political slugfest is an open secret. Given this mindset, attitude, orientation and immense power at their command, can they guide, monitor, and supervise criminal investigation in a professional and truthful manner, where nothing else plays on their mind or guides them. It is a tall order.
POLITICAL SLUGFEST IS THE ANTITHESIS OF A FREE, FAIR, TRANSPARENT AND STRESS FREE PROFESSIONAL CRIMINAL INVESTIGATION.
Sanjay Sahay
Have a nice evening.