Lesson: Police and Judicial Reforms required in immediate future.

सुधर जाओ वरना अगर हम सुधरने पर उतर आये तो बहुत नुक्सान हो जायेगा

                                       - Dabang Movie Dialogue

They say that movies are inspired by the society and reflect the true state of the society; however in the present times it is apposite to say that society is getting more influenced by the movies. Nowadays the morning starts with news which attracts more attention than a plot twist in a blockbuster movie.  After considering some of the recent developments especially the ones involving police it can be said that police officials are following the principles of movie protagonist and are considering themselves as the punisher as well as the executioner.  Recently the whole country was struggling with the tragic news involving brutal rape and murder of a young doctor in Hyderabad. There was a huge public outcry to give stringent punishment to the convicts and even in parliament some of the MPs were suggesting public style execution for the rapist. Automatically people started remembering the long-forgotten Nirbhaya incident wherein the convicts despite being sentenced to death by hanging are still in jail. Fortunately soon after the incident, police officials have arrested 4 suspects with regard to the rape. Thus it is appropriate to say that as soon as those 4 suspects were arrested by the police with regard to the case, the majority of the public, several MP’s and several media houses were demanding speedy and stringent punishments for them. However 6^th December morning I was having an experience of mixed feelings when we came to know that all the 4 suspects were killed in the police encounter.  As a brother, I was feeling happy and secure and like many others started applauding those police officials however as a lawyer I was frightened when I came to understand the gravity of the encounters and the after-effects it will have on the mentality and the functioning of the investigation authorities.  Moreover because of the fact that I was confused myself, therefore, I was surprised too by the positive public reactions on the encounter and couldn’t wrap my head around the fact as to why we were celebrating the death of the accused.

 I would like to submit here that through this blog I am not questioning the procedure adopted by the investigation authority and I truly believe that the investigation authorities have appropriate reason to suspect those 4 individuals for rape. As soon as investigation authorities suspected those 4 individuals for the rape, the public started comparing Nirbhaya convicts with the 4 suspects arrested by the police, but as a lawyer, I think it is my duty to point out the fact that in the Nirbhaya case, a proper trial was held as per the procedure established by law and thereafter court sentenced them death penalty whereas in the present case they were only suspects and its only after a proper trial a court could declare them guilty. We live in a country where Investigation authorities have no power to pronounce judgment and execute the same, a trial as per the procedure established by law shall be conducted for true justice. We should not forget the fact that we live in a nation where a proper trial was conducted even for Ajmal Kasab and for this, we had received applaudable reactions from the international community.  It’s said that 4 rape accused snatched 2 guns from 10 cops and started firing on police officers therefore in self-defense police officials had to revert back so as to save lives of themselves and their colleagues. One should wonder how they can handle everyday cases if there were negligent in such a high profile case by allowing the accused to get hold of their guns. Police authorities with regard to the encounters, later on, said that “the law has done its duty”

It’s been said that they were forced to revert back in self-defense. However according to IPC once can revert back in self-defense if there is an apprehension of death or grievance hurt.  So is it apposite to say that the police officials were so scared from the 4 accused that in self-defense not only they have to shoot those two persons who were able to grab 2 guns from the police but all the remaining accused? In my opinion, police authorities should be extra vigilant in this particular case as the whole nation was closely watching all the developments. In our country laws are so stringent that police officials are only authorized with the investigation and not the punishment which falls under the ambit of courts. Thus no one is allowed to take one’s life (not even investigation authorities) except as per the procedure established by law. The bottom line is no law in India permits /allows/gives the right to encounter accused by the police. However, we have seen several times before that investigation authorities have from time to time have taken shelter of the right of self-defense as given in section 100 of IPC. However now just like any other common citizen, those police officials who were involved in the encounter have to prove the self-defense in the court of law. It is pertinent to mention here that no ordinary person would be pardoned if he had used the right of self-defense, he would have to face trial and had to prove his innocence before the court. Thankfully Hon’ble High Court of Andhra Pradesh has taken suo-moto cognizance and has directed the concerned officials to submit the evidence before the district judge.  Now is the high time we should discuss and implement the much-awaited police reforms which are vital for good governance in our system.  Hon’ble Apex Court has also from time to time has directed the various state government to take immediate steps for improvement of the police force. In my opinion, instead of being a protagonist and interfering with the justice delivery system, police officials should be extra vigilant and should allow justice to take its own course. Due to their negligence now Dr. Reddy’s case can never meet its end as in absence of those 4 suspects it is improbable to commence trial.

Most of all we should also think as to why the public was cheering cops and distributing sweets among them for killing the four suspects.  Being a law student one has every right to question the action of the police moreover the reactions of the public as it’s opposite to every principle and laws we have been taught. One this is evident from the above incident is that now one thing is clear that people have started losing faith in the judicial system as the current system has failed to provide speedy justice to them. In Nirbhaya case despite all the convicts are still in jail despite being sentenced to death by the courts. Therefore along with the police reforms, judicial system reforms also need of the hour. After practicing litigation before various courts I can say that many of the cases could not be heard by the judge as he also has a limit, thus with the growing number of cases government along with the help of the Indian judiciary should bring judicial reform immediately.