DailyPost 2770
SUSPECT CRIMINAL CASE LIFECYCLE (2)
When the registration of a criminal is so fiery, confused and mostly inconclusive and all odds favour the case to be treated as suspect at pre-registration and registration stage itself, the expectation from the investigation cannot be superhuman or thoroughly professional. The content of case as summarised in the FIR, sections etc thereof become the first bottleneck and if done with vested interest or in a non-professional manner, it would keep nagging till its final disposal, which at times can mean even the Supreme Court of India.
What percentage of the FIRs can be vetted legally, technically, factually and contextually correct? Is there any mechanism to ensure that? A haphazard FIR is a seminal hazard to a case ending is worthwhile conviction. The story of investigation which is at the core a criminal case, is the stage which starts on the registration of the case. The first big challenge is the arrest, if we go by public domain expressions on a criminal case. An arrest proves the worthiness of the police and the government. Bail as the norm, an accepted principle in criminal law, is still to find its due applicability in practice.
The bail objections that are to be presented to the court, are mostly on standardised lines and very rarely, the specific circumstances, leading to its denial. The moot question is whether you need the person in police of judicial custody at all? This basic question remains unanswered in most of the cases. We are still to create an ERP type software which can make investigation much more structured, than what it is today, throwing up discrepancies as it happens. There is a great urge to do less of work on the field and more of work in the police station or office. That works against the basic tenets of investigation even in slightly complicated cases.
Is unravelling the truth or completing an investigation the main agenda? Clearing the backlog is an agenda task in a large number of governmental jobs; but it just cannot happen with investigation. All cases need time, energy, focus and resources and a fully analytical minds, which can create a legally authenticated narrative, that is the investigation, to the satisfaction of the court that even with best efforts by the defence, to find holes and discrepancies in investigation, can come out unscathed. Where have we reached in collection and usage of scientific evidence, more so digital evidence, which should have been the order of the day by now. Who will plug the evidence gaps? How can it be set right? And finally, the technical issues of law and process, which can make the case fall flat.
QUALITY INVESTIGATION IS A CONSTITUTIONAL GUARANTEE, BY ANY FAIR INTERPRETATION.
Sanjay Sahay
Have a nice evening.