A TRAVESTY OF JUSTICE? The Police’s indiscriminate ‘’CORDON AND SEARCH’’ Operations.

April 30, 2015

https://havepenwillwrite.files.wordpress.com/2011/05/gc_bc.gif?w=450&h=150 TELANGANA (HYDERABAD, India) STATE POLICE’S LATEST BRAINCHILD: Cordon and Search Exercises – essentially a military option,being directed toward civilians.

THE CONSTITUTION:  Article 21 of the Indian Constitution: “No person shall be deprived of his life or personal liberty except according to procedure established by law.”

INTERPRETATION OF THE CONSTITUTION:  The Constitution of India does not specifically grant any right to privacy per se. However, it is only recently that such a right has been culled by the Supreme Court from Article 21 and several other provisions of the Constitution read with the Directive Principles of State Policy. The Supreme Court has asserted that in order to treat a right as a Fundamental Right, it is not necessary that it should be expressly stated in the Constitution as a Fundamental Right. Political, social, and economic changes in the country entail the recognition of new Rights. The law, in its eternal youth, evolves (or should evolve) to meet the changing demands of society.

The Supreme Court in the case of R. Rajagopal v. State of Tamil Nadu (1994 SCC (6) 632) directly linked the Right to Privacy to Article 21 of the Constitution and laid down: “The right to privacy is implicit in the right to life and liberty guaranteed to the citizens of this country by Article 21. It is a ‘right to be let alone’. A citizen has a right to safeguard the privacy of his own, his family, marriage, procreation, motherhood, child bearing and education among other matters. None can publish anything concerning the above matters without his consent whether truthful or otherwise and whether laudatory or critical. If he does so, he would be violating the right to privacy of the person concerned and would be liable in an action for damages.” Da Police

NEED FOR ”A STUDY” TO LEGISLATE A PRIVACY BILL: Recognizing the common occurrences of privacy violations by the police – and subsequent burden placed upon appellate courts to analyze and dispose of challenges therefrom, the Planning Commission of India constituted the “Shah Committee” to identify privacy issues and prepare a report to facilitate authoring of a privacy bill for India.

Among other related concerns, the Committee reinstated the fact that the individuals would have the option of making a complaint directly before the courts, which will act as a route of redress (so what else is new?). The complaints may relate to a data breach or violation or physical privacy. The Shah Committee submitted its report to the Planning Commission of India on October 16, 2012 . Nothing really earth shattering came of it. Perhaps another Committee is in the offing…

Ignorance Has Its Own Reward

Ignorance Has Its Own Reward

BACK TO SQUARE ONE: One notices the Right to Privacy is not absolute. Courts may issue warrants if they have documented reasonable belief that restriction of this Right would

• Prevent incitement to the commission of any offense; or

• Prevent public disorder or the detection of crime; or

• Protect rights and freedoms of others; or

• would be in the interest of friendly relations with foreign states, or

• When public interest outweighs private interest of the individual.This would depend on the ‘facts and circumstances of each case’ (which means, in the absence of any reasonable guidelines, it is left to the arbitrary discretion of the learned magistrate)!

In Smt. Maneka Gandhi v. Union of India & Anr., (1978) (SC 7-Judge Bench), the Apex Court ruled `Personal Liberty’ in Article 21 covers a variety of rights & some have status of Fundamental Rights and are given additional protection under Article 19. They mandated a ‘Triple Test’ for any law interfering with personal liberty: (i) It must prescribe a procedure; (ii) the procedure must withstand the test of one or more of the fundamental rights conferred under Article 19 which may be applicable in a given situation; and (iii) it must withstand test of Article 14.

The law and procedure authorizing interference with personal liberty and right of privacy must also be right, just, and fair and not arbitrary, fanciful, or oppressive. (‘Amen’ to that). Nevertheless, an analytical mind could interpret these ”safeguard” provisions as textbook fiction because, as you will notice below, their practical value is less than zilch once the damage has already been done. I have taken the liberty of illustrating, relative to the ongoing Neighborhood Cordon And Search Operations, these notional constitutional considerations are notional at best and would, in fact, impede achievement of ‘’Gleichschaltung’’, conventional fascist police work.

Recognizing the blatant and excessive government intrusion in one’s private life (what’s more private than one’s bedroom?), the Delhi High Court (in Naz Foundation Case 2009) made a landmark ruling. Although the case pertained to consensual homosexuality, the court recognized that the Right to Privacy held to protect a “private space in which man may become and remain himself”…. ‘’Individuals need a place of sanctuary where they can be free from societal control – where individuals can drop the mask, desist for a while from projecting on the world the image they want to be accepted as themselves, an image that may reflect the values of their peers rather than the realities of their natures.’’

ANDHRA COURT’S OPINION: Despite a plethora of rulings that recognize and establish the sanctity of one’s private ‘space’, the Andhra High Court Canon of Lawyeringrecently made a tangential disposition: A Public Interest Litigation filed in the High Court by T. Dhangopal Rao prayed for an injunction against the police’s Cordon and Search Operations on constitutional grounds; that this arbitrary police exercise is against Articles 14, 15, 19(1)(d)(e)(g), 21 and 22 of the Constitution (and, I might add, certain mandates in the Criminal Code pertaining to restricting/seizing a person’s liberty, property, and right to be left alone). The Hon. High Court directed him to complain to the Police Commissioner instead of deliberating on grounds for relief. This perplexing directive is just as ridiculous as the case of the chicken being directed to complain to the fox that’s guarding the hen house – a sobering realization of the leanings of our impartial tribunal!

EXECUTIVE BRANCH PRECLUDED FROM MAKING/INTERPRETING LAWS: The police personnel involved in the ‘’Cordon and Search’’ Operation are acting under the direct orders of the Police Commissioner. It is settled law that Department Circulars imposing conditions on the public do not have the mandate of rule or law as they are merely executive, in-house instructions. Imposing conditions that adversely affect guaranteed rights can be made only through legislation. Police are not empowered to make legislation. In the absence of such legislation mere Circulars cannot be acted upon, being violative of Articles 14 and 21 of Constitution of India. As such, the Police Commissioner is not empowered to breach Rights guaranteed by the Constitution and circumvent procedures mandated by statute and numerous Appellate Court rulings.

There are parallel considerations with the illegalities of Vijayawada’s ‘’Operation Night Domination’’ (I wonder which Telugu film script writer came up with that title!). There too, Police proposed new regulations making it mandatory for one to be in possession of ID cards at night while they merrily conducted random searches with impunity which lead to many arrests. The Hon. State High Court then ruled that the public at large should not be seen as suspects thereby negating the restrictions ordered by the Police Commissioner as invalid; a far cry from their recent ruling.

POLICE’S PREVIOUS EXPLANATION: In his interview with IndiaToday on October 2, 2013, Deputy Commissioner of Police V Siva Kumar stated, “Though we don’t have specific inputs on stay of terror suspects in these areas but this operation will help in maintaining a close watch on such elements also“. In other words, Police have (had) no specific leads that would legitimize intrusion into a private home. They were/are on a ‘fishing expedition’ hoping to catch someone – anyone even remotely suspected of being associated with a possible crime anywhere.

POLICE’S CURRENT EXPLANATION: However, now, with more than two years’ experience in ‘’Cordon and Search’’ Operations under the belt, and reciprocal, accumulated expertise in parrying media queries on legality of such arbitrary searches/seizures/arrests while confining freedom of movement of entire neighborhoods at unreasonable hours of night, police response seems to have evolved to reflect a semblance of legitimacy; not necessarily, credibility: CV Anand, IPS On April 19, 2015, charismatic, straight faced Cyberabad Police Commissioner C.V. Anand and other Police brass stated to Deccan Chronicle that all searches are carried out ‘’as per law’’. One wonders, WHOSE law; an existing statute or an in-house circular from top brass? “An ACP or a Station House Officer has to get a warrant before conducting the search. The search memos are drafted and reasons are mentioned before obtaining the warrant”. Certainly sounds legit – Who’s to argue with an armed man, eh? But whether these words hold any water is a relevant, core issue on hand!

DAAL-MEIN-KALA” STATEMENT: Realistically, if the charismatic, straight faced Cyberabad Police Commissioner C.V. Anand is to be believed, how many months would an Asst. Commissioner/SHO be devoting toward compiling (inventing?) a pseudo-credible search proceedings FOR EACH HOUSE IN HIS AREA, and what specific ‘credible’ reasons would he document to satiate the magistrate into justifying blanket warrants TO CORDON OFF ENTIRE NEIGHBORHOODS, authorize police intrusion during hours of darkness, and conduct a witch hunt for ‘’anything illegal-objectionable’’ in anybody’s home! Is this Stalin’s Russia we’re living in (or turning into)??

Certainly, a Magistrate of the required Class is empowered to issue Warrants. Ordinarily, searches conducted by police officers or any investigating officer will be valid only if a formal accusation has been leveled against the subject person or if he/she did not respond to summons, (e.g., subpoena to produce documents and things). But Warrants have to be specific. They should specify the person, location, objects to be searched, and, often, the time for search. The wording cannot be vague. The police cannot be directed to search and seize any property which the police believe to be “objectionable articles” required for the purpose of investigation. This would indicate that neither the Magistrate nor the police knew what they were searching for! A plain reading of such ‘Warrants’ would show that the search is more of a `fishing expedition’ or a `roving search’. It would disclose no specific reasons or circumstances for the issuance of the Warrant and would, therefore, be clearly illegal.

POLICE ‘JUSTIFICATION’ SHROUDED IN MYSTERY: We are unsure as to which section of the Criminal Code (henceforth, the CrPC) these Cordon and Search Warrants get their authority from, or the substance of the Warrant, nor WHO issued them (viz., to determine competency of the judge or whether he ‘applied his judicial mind’ before authorizing this widespread intrusion in the private lives of entire communities and neighborhoods). There is no information as to whether any resident-victim of the Cordon and Search Operation was shown the substance of the Warrant as is required under CrPC Section 75 – or whether there even exists a Warrant at all in the first place!

IdiotThese police excesses continue unabated because, as yet, no one has come forward to question them, eye to eye. Even the local courts seem to go along with the mockery while the passive public  drowns in ignorance or wallows in apathy toward possible extra-judicial methods of policing.

What of those who paid for out freedom with their blood? What of the Framers of the Constitution who came up with the magna carta, due process, and the Rule of Law? One thing’s for certain: They don’t have a Swiss bank account! But that’s not the reason they’re rolling in the grave: there is little indication of anyone holding on to the Torch they paid dearly for. Where’s our independent Judiciary, the’ last bastion of Justice’, at a time we need them – to examine, on a case by specific case basis,  the constitutional validity of these arbitrary intrusions into private lives and homes.? Have they relinquished their suo moto powers to uphold the Constitution they swore to protect? Or, are these signs of a crumbling world’s largest Democracy metamorphosing into the world’s largest Police State?

Evidence; more appropriately, lack of evidence, certainly places serious doubt on the charismatic, straight-faced Cyberabad Police Commissioner C.V. Anand’s public declaration that all searches are carried out ‘’as per law’’. It would be administratively impossible to generate Search Memos requesting Search/Arrest Warrants for each house in the neighborhood. What is the criterion set for designating entire neighborhoods as a ‘Criminal Area’? Does a Cordon and Search Operation in a ‘Criminal Area’ inoculate it from criminal elements and render it worthy of the label, ‘De-Criminalized Area! This area is free of crime’!?

Police Commissioner CV Anand Has TALENT

If Warrants are, in fact, lawfully obtained, i.e., based upon good-faith, credible information, they would relate to a select few homes/individuals. But, one sees these organized assaults on entire neighborhoods by a horde of 200-plus policemen involves court-anointed muscle-flexing, house-to-house intrusion during hours of darkness, the questioning of awoken residents including school-going children, the inspection of private-personal-letters-documents-paperwork-photographs, heirlooms and jewelry, etc. : a fishing expedition for anything suspicious; and the physical stifling of indignant complainants thru’ utilization of typical strong arm tactics our police is notorious for.

FUNDAMENTAL CHARACTERISTIC OF PRIVACY: There is no doubt that everyone has something to hide from the public eye. It might be something petty, embarrassing, or even something serious. Police are already lawfully empowered with immense resources to do their job within the existing framework of the law. With the statutory division of the three Branches of Government, it is immoral, unethical, and illegal for courts to vicariously assume an Executive role as Police puppets no matter how purportedly benign the judicial ‘rubber stamp’ may appear. Or worse, don the ‘legislature hat’ and interpret laws in such a manner that a new perspective of the established law takes precedence. And who’s to argue with a judge’s point of view that could land your patriotic ass into the slammer for ‘Contempt’? They are experts at logic and arguing a case either way, and wield an industrial size boner to back their play. Ouch! Mercy!

So, as we, the intellectually paraplegic citizenry, embark on an academic (mis-) adventure to speculate on which Section(s) of the Criminal Code could possibly authorize such drastic police intrusions in the private lives and homes that comprise large neighborhoods – absent a National Emergency – we stumble upon Section 144 CrPC.

CrPC §144 – THE GRANDADDY OF ALL WARRANTS: In a nutshell, CrPC Section 144 confers plenary powers upon the magistrate to issue an immediate, absolute order BUT exclusively in urgent cases of nuisance or anticipated danger when, in his subjective opinion, there is sufficient ground for proceeding immediately to accomplish a speedy remedy. If there is neither an urgency calling for the application of a speedy remedy nor apprehension of imminent danger to human life, health or safety, etc., the magistrate cannot issue such an ex-parte order under this section.  Unless the emergency is sudden and the consequences sufficiently grave, the exercise of power conferred by CrPC Section 144 could be struck down as frivolous – or so we are made to understand.

The magistrate must assess the situation to his satisfaction (i.e., ‘apply his mind’) and issue the order in writing setting forth specific material facts of the case and in the manner provided by CrPC Section 134 and sub-sections of CrPC 144. Certain stringent conditions have been imposed by the appellate courts on a magistrate exercising this absolute power. Not only would the magistrate’s specific written reasoning for taking cognizance be open for Appellate scrutiny, but also the specificity of his directions and conformance to well settled guidelines, i.e., whether the order has been issued mechanically and without any consideration of the guidelines stressed by higher courts meant to protect us from abuse of such powers. This power can only be exercised in cases of imminent emergency; therefore, it purportedly  regulates the magisterial function and, IF APPLIED PROPERLY, is not unconstitutional.Brace_Yourself

LETTER OF THE LAW vs. SPIRIT OF THE LAW vs. IMPRACTICAL APPLICABILITY: The Supreme Court enumerated five points which would justify the constitutional validity of Section 144. These ‘’prerequisites’’ serve more as catalysts to judicial reasoning, for lack of a more appropriate analogy; sort of like ‘’A Magisterial Guide To Due Process Of Law – Check List For The Intellectually Challenged’’.  The provisions therein are, no doubt, benign and intended to anoint some semblance of due deliberation on government actions that affect one’s privacy rights. However, one notices, the only action ‘’hardened into law’’ is magisterial whim/discretion!They are as follows:

1) Although the Magistrate has power under this Section to pass ex-parte orders, generally, however, the procedure that is followed is to serve a notice to the person against whom the order is being passed. Only in cases of extreme critical situations, the Magistrate may resort to passing an ex-parte order. [NOTE: But this ‘service of notice’ requirement would defeat the very purpose for the Police’s fishing ‘net’ (a practical synonym for ‘Cordon and Search’) where the tactical advantage is surprise].

2) Additionally, the persons aggrieved by the order have a right to challenge the order on grounds they find appropriate. This goes to supports the view that the power granted under this Section is not arbitrary. (NOTE: Nevertheless, the likelihood of the ‘aggrieved person’ challenging this order beforehand is almost Zilch since the enthusiastic raiding party of 200-plus, beefed-up goon squad will have already conducted the raid and our ‘aggrieved’ hero would, most likely, already have his ass in custody).

3) To substantiate the above, an opportunity for hearing and to show cause is also provided to the person challenging the order of the Magistrate. Therefore, the principles of natural justice are also purportedly reflected in this Section. [NOTE: An opportunity for hearing and to show cause should present itself BEFORE the Warrant is executed, i.e., IF a Warrant truly existed in the first place! When a trial judge enters an order that “departs from the essential requirements of law” appellate review is, and should be, available by immediate petition for a writ of certiorari instead of allowing the error to stand and forcing the aggrieved party to seek appellate remedy only after entry of final judgment; in our case, issuance and execution of an all-inclusive Warrant. For example, issuance of a writ is proper to reverse a trial judge order overruling objections to a request for the production of documents, since issuance of such an order allows irreparable injury that cannot be cured on appeal at the conclusion of a case. Nevertheless, there’s some showing here of ‘checks and balances’ that might arouse a fleeting nod of approval from Constitution pundits in their ivory towers of academia. (NOTE: In practice, however, our disenchanted hero will have no voice in the matter. He will have acquired other more pressing concerns while prancing about in jail, like protecting his virgin derriere from overzealous, predatory cellmates)].

4) The fact that the aggrieved party has the right to challenge the propriety of the order, cloaks the magistrate’s decision with responsible deliberation based on rationale. (REALITY CHECK: How common is it for a judge to over-rule a brother judge’s capacity and raison d’être while ‘applying his mind’)?

5) Finally the High Court’s power of revision under CrPC Section 435 read with Section 439, also pacifies any (righteous!!) trepidation that the order under Section 144 is non-appealable. The High Court can either quash the order or ask the Magistrate for the material facts, thus ensuring accountability. (NOTE: Unless the Magistrate is a total schmuck, the HC will never find their brother-judge’s reasoning to be utterly without merit).Democracy

REPETITIVE WARRANT SEARCHES = ABUSE OF POWER: It is settled law that any restriction which is opposed to the fundamental principles of liberty and justice cannot be considered reasonable. One of the tests to determine ‘reasonableness’ is to see whether the aggrieved party has a right to representation against the restrictions imposed or proposed to be imposed. ‘No person can be deprived of his liberty without being afforded an opportunity to be heard in defense and that opportunity must be adequate, fair, and reasonable’ (NOTE: There’s no mention of ‘timely’). Further, the courts have to see whether the restrictions are in excess of the requirement or whether they are imposed in an arbitrary manner. (NOTE: True! True! But this is Law in text books! The legislative intent of this mandate is clearly to afford an opportunity to contest the adverse proposal BEFORE it takes the form of an Order. These concessions are precautionary and imbedded as a protection from arbitrary, tyrannical rulings before such rulings are actually made. But, in real life situations occurring before us, their practical worth seems to be less than zilch. What’s the point in critiquing a purportedly dubious ex-parte court order when the damage has already been done)?

More importantly, the Hon. Supreme Court continues, an order under Section 144 cannot be of a permanent or a semi-permanent nature, or ongoing as a matter of course: “The Parliament never intended the life on an order under Section 144 of the Code to remain in force beyond two months when made by a Magistrate. The scheme of that Section DOES NOT CONTEMPLATE REPETITIVE ORDERS and, in case the situation so warrants, steps have to be taken under other provisions of the law when individual disputes are raised. If repetitive orders are made it would clearly amount to abuse of the power conferred by section 144 of the Code.” Acharya Jagdisharanand Avadhut v Police Commissioner [Equivalent citations: 1984 AIR 512, 1984 SCR (1) 447 – Bench: Misra Rangnath, Bhagwati, P.N., Sen, Amarendra Nath (J) – Citation: 1984 Air 512 1984 Scr (1) 447, 1983 Scc (4) 522 1983 Scale (2)565 – Citator Info: Ho 1987 Sc 748 (23), Rf 1992 Sc 377 (10)].

Surely there’s no other way of assessing these ongoing Cordon and Search Operations as but routine and repetitive?

Worlds Largest DemocracyI am told that there have been cases where orders issued under CrPC §144 were struck down on appeal when such orders were not warranted by the circumstances, or the orders so issued did not specifically mention the area on which the restriction are to be imposed, or there had been a deviation from guidelines mentioned under Section 134 as also in various sub-Sections of CrPC 144. However, I am yet to find a good, solid citation to support this hypothesis …

One must keep in mind that power to impose restrictions on personal liberties of individuals pursuant to CrPC §144, whether in a specific locality or in a town itself, pertains to situations that have the POTENTIAL to cause unrest or danger to peace and tranquility in such areas due to certain disputes. As such, the intent is to diffuse or control anticipatory crimes of emergent nature. Now, if you’ve been following the nocturnal adventures of our Police, you will notice a laundry list of ‘’accomplishments’’ (call it ‘’pat on their back’’ or ‘’blowing their own trumpet’’) resulting from their Cordon and Search Operations (Google it): seized vehicles (stolen, or unregistered, or unpaid traffic challans), some ‘’suspected’’ stolen mobile phones, some bail-jumpers or Rowdy-Sheeters apprehended, some suspects with suspected links to suspected terror groups nabbed, a modest amount of ‘’unaccounted for’’ money discovered, child labor or sex worker ‘’rescued’’ (who commonly revert back to the same line of work), and, if all else fails, there’s always a couple of knives in the kitchen that could be brought under the purview of the Arms Act, etc., etc.

Now, if these are in fact bonofide crimes, THEY HAVE ALREADY OCCURRED; there is nothing ANTICIPATORY in their nature and not relevant to the prerequisites envisioned by CrPC §144; therefore, they are a blatant abuse of process.

ALSO CONSIDER THIS: If you cheated on your Taxes, you’re a criminal. If you parked your vehicle in a ‘No Parking’ Zone, you’re a criminal. If you jumped a Red Light, you’re a criminal. If you ever flirted with a nonreciprocating member of the opposite sex, you’re a criminal. If you lied to get a job, you’re a criminal. If you failed to pay traffic challans (fines), you’re a criminal. If you ever bribed a government official (a required practice here), you’re a criminal. A ‘Criminal’ is no different from the rest… except that he got caught! What is critical here is, was he caught lawfully, or through an illegal or improper search?

We all have potential to become crooks. We all have potential to commit crimes. Does this mean we should all be under surveillance or under constant government control to offset that hypothetical possibility (– knowing fully well that some of our most celebrated crooks are in government)?

But, going by buzz words from police brass (e.g., ‘terrorism’, ‘fugitives from justice’, ‘money laundering activities’, ‘stolen vehicles’, ‘murder suspects’, etc.), that, by their linguistic connotation, effuse a sinister, panicky, clear and present danger-type scenario, a hasty judiciary is influenced to allow extreme measures to augment routine police work. And a tolerant, gullible, intellectually paraplegic citizenry is left with little option but to grab its ankles and get a real-time perspective on what is REALLY happening to their patriotic derriere under color of law.

Stupic_CopARE THESE DESPERATE TIMES CALLING FOR DESPERATE MEASURES?? If such excessive measures are routinely employed by police to ‘deter crimes’ or ‘bring criminals to justice’, or pursue ‘possible’ terror suspects, it does not take a genius to figure out that the best method for crooks to escape detection is to simply move into a neighborhood that already had its share of pong from the police’s Cordon and Search presence. So, is there any logic to, or genuine necessity for these flamboyant, extreme, Cordon and Search operations in day-to-day/night-to-night routine police work absent a seriously imminent national emergency?

Bear in mind that the premise here is that a Warrant per CrPC §144 does in fact exist – it is merely a premise. If it does not exist, or if the Warrant is facially flawed (i.e., issued without due deliberation), then every arrest, detention, intrusion, etc., under the Cordon and Search Operation is a criminal act perpetrated by the Police.

One may perhaps condone flawed laws enacted by our chosen legislature (who merely represent the modest IQ of the voting public), but, our Judiciary, being the last bastion of equity and justice should seriously deliberate upon such usually unnecessary extreme violations of Privacy and Human Rights they swore to protect. Who is to determine whether there exists an improper exercise of judicial functions the cumulativeNGO-Lunatics For A Better World effect of which would be to lower the dignity of the Judiciary and further undermine the confidence of the public in the administration of justice? Who is to determine whether these ‘Cordon and Search’ operations represent racial profiling at work and are are geared toward minority communities? Even worse, there seems a real possibility some elements of the judiciary may be unwittingly facilitating our transformation into a totalitarian Police State.

I leave you with this thought from Justice William O. Douglas, Former Associate Justice of the Supreme Court of the United States:

As nightfall does not come all at once, neither does oppression. In both instances, there is a twilight when everything remains seemingly unchanged. And it is in such a twilight that we all must be aware of change in the air—however slight—lest we become unwilling victims of the darkness.”

Copyright 2015. Carlisle Collins. havepenwillwrite. All Rights Reserved.

Advertisements

ACP E. SHANKAR REDDY – PRESIDENT’S MEDAL FOR MERITORIOUS POLICE “WORK”.

April 20, 2012

https://havepenwillwrite.files.wordpress.com/2011/05/gc_bc.gif

There once was a cop with an itch,
and pimples of puss on his lil’ prick.
He’d scratch it in public, in private, in secret,
And stuff any orifice that’d fit!

Below is an online comment from M. EVR Reddy (email address withheld per his/her request) which their local newspaper The Deccan Chronicle decided to spike (i.e., not to publish). He (she?) was commenting on the Link below:

http://www.deccanchronicle.com/channels/cities/hyderabad/president%E2%80%99s-medal-cops-000

I decided to publish it as a new post and edited in supporting Links. See what you make of it …

Carlisle Collins.

++++++++++++++++++++++++++

I came across your site and this ludicrous flattery of Assistant Commissioner of Police (ACP) E. Shankar Reddy surfing the net. You’ve done a fine job sweeping the achievements of the other honoured awardees under your hero’s carpet while exclusively showcasing his. In fact, your readership would be led to believe your idol is part of the elite progeny of the Indian Police (dis)Service cadre when he is just another run-‘o-the-mill public servant who cajoled, bullied, and butt-kissed his way (almost) to the top – from Zero to Hero – a legend in his own mind. The article reads like a promotional ad. – paid by (who else?) DCP E. Shankar Reddy known for blowing his own trumpet!

You mention Shankar’s “investigative role” in the Emaar and Raheja cases as a vigilance officer. These cases are still under investigation; OBJECTIVE, litigatory investigation, I might add! I have serious reservations about him “unearthing” SIMI terrorist activities. SIMI activities have been “unearthed” (whatever THAT means!) a long, long time ago by others. Our hero is lapping up their credit and basking in their glory.

In fact Additional Commissioner of Police AMIT GARG, IPS, known best for towing the traditional police line of “Where there’s no evidence, fabricate evidence …”, beat Shankar Anna to the punch! Garg categorically lied before a tribunal that a certain member of the Muslim community (an engineering student, 22-year-old Moutasim Billah of Hyderabad) was a SIMI member. Yet Garg, under solemn oath, admitted having no personal knowledge of the case and was deposing entirely from documents given him by various “investigating” officers. But, none of these documents (except Garg’s) accused Billah of SIMI membership! “Oops! F**k ‘em if they can’t take a joke …!”

Apparently, our Desi Police are required to excel in a mandatory course on chicanery at the Academy supplemented by On-Job-Training specializing in circumventing legislated procedural requirements pertaining to surveillance, investigation, interrogation, seizing (fabricating?) evidence, selecting witnesses, authoring a Charge Sheet, etcetera, etcetera … From what one learns from the media, certain select high rank officers are continuing to follow the exemplary precedents set by their predecessors and peers.

So, what do we, as concerned, intellectual paraplegics, do about these shocking police practices? WE PROMOTE THESE SHYSTERS INTO HIGHER POSITIONS OF AUTHORITY AND “RESPONSIBILITY”!

And this will continue merrily along until our tolerant courts view police/prosecutorial perjury as tantamount to defecating on the bench. But waiddaminute! What if the Judge beats ‘em to the punch and takes a healthy dump on his own bench? After all, he is the undisputed proprietor, is empowered with Priority Rights, and has quicker access to the Commode of Justice …

Well … fact is, such allegations have been flashing in media headlines every now and then, so it’s really no ball-busting news – until of late! Presiding Judge T. Pattabhirama Rao (of the Court of the Central Bureau of Investigation) and his cronies became celebrities overnight. Seems like His Honour sold his honour for around Rs. 15 crores (approx. US $300,000). Just goes to show, “Money talks; bullshit walks”, and every harlot has her price …

Justice T. Pattabhirama Rao: Technically speaking, it’s really not “bribery”; look at it as a tax-exempt contribution to The Judges Retirement Fund. (Mine!!).

Good Lord! Whatever happened to the likes of the Late M.V. THOMAS, IPS, former Director General of Police (AP)? Seems like he represented a rotten example of the Indian Police Service’s failures and an embarrassment to the IPS Fraternity: You see, M.V THOMAS was a breed apart! He was an honest cop; a spiritual man, a family man, a true pillar of the community, and straight as an arrow, persevering against backdoor incentives and punitive political pressure knowing full well that one Day he will stand before his Creator and account for the power his position had entrusted him with! Such pity that values such as ‘honour’ and ‘integrity,’ which the police uniform represents, cannot be taught; it is acquired from birth and cultivated throughout your growing years! Yet here, in Mother India, one doesn’t even pay a passing glance at scumbags urinating on it!  Rest In Peace, Mr. Thomas, my dear friend. God Bless You! I am proud to have known you.

As for Shankar the Magician discovering “a huge cache of explosives”, I would take this with a grain of salt. Our police are notorious for creative exaggerations! Remember the bomb blast of Mecca Masjid in May 2007, and other unnerving explosions prancing merrily under the nostrils of our enterprising police? The (then) Director General of Police (DGP) MA BASITH, IPS described them as “sophisticated” “anti-personnel” bombs (do we know of any bombs that are PRO-Personnel?!) with “sophisticated” detonation mechanism hitherto unfamiliar to Hyderabad. The public learned shortly thereafter that they were simple, homemade “pipe bombs” triggered by a mobile ‘phone call. I could go on and on, but I wouldn’t want you to become nauseated and puke on your computer ….

Shankar Reddy Dada’s “other cases, where he played a KEY ROLE include investigating the Raheja scam, Emaar scam, the subsidized seed scam, the Tirumala Tirupati Devasthanams Aarjitha Seva ticket cases and other Value Added Tax evasion cases, involving loss of revenue estimated at Rs 2,500 crore.” I wonder what percentage ended up the Chain of Command … Sorry! Just thinking out loud …

Now, there just might be some truth to this claim: You see, there’s an old adage, “Set a thief to catch a thief”, which in Desi Police work stands somewhat modified to read, “Set a scam artist to catch a scam artist”! Anyone having firsthand knowledge of Shankar Dada and his land acquisition scams, “protection rackets”, “mamul” income, and assorted under the table inducements for doctoring his “investigations” throughout his 20-plus years of muscle flexing in the choicest, most sought after, lucrative, most revenue-generating police Sectors of Hyderabad, (viz. Banjara Hills, Jubilie Hills, Punjagutta) will agree that our hero is in a league of his own – and “in” with those who truly matter – all the way up to the Honourable Chief Minister’s office and the State’s DGP, [who (i.e., Dinesh Pedd’anna), by the way, is attempting to fend off allegations of gross corruption as we speak – and also  some state of the art Black Magic– an integral component in the Continuum of Force available in our Law Enforcement arsenal!!].

DGP Dinesh Reddy_Tactical Assault

Word is, our swashbuckling ACP, Mandrake The Magician, is under “investigation” himself; A job delegated to the City CID, no doubt! Something about waving his magic pen at a homicide and, voila, transforming it into suicide, disproportionate assets, and the like? But that goes with the territory, nes’pa? I wouldn’t hold my breath for any disposition at all … definitely not by any State run agency! So, when one privately wonders “Why” such coveted Presidential award for this particular joker; we don’t dare probe any further …grapvine

Honors upon honors; glory upon glory; recognition upon recognition …. One begins to doubt the veracity of the adage, “What goes around, comes around”! So, what divine plan would shield a person – any person – who, under color of the law, it is alleged, has undeservedly and/or for private gain destroyed many, many lives, reputations, families, and who bears the curses of his fallen victims upon him?

One can only speculate that, on the one hand, there’s transparency, a measure of “honesty”, and a reciprocal back-scratching understanding  within the “Inner Circle”: “mamul” (the loot) from the source goes all the way up the Chain of Command unobstructed by (excessive) greed. On the other hand, the dude is charismatic; even mesmerizing (but then, so is a striking cobra).

Giving “the devil his due”, from what one hears from reliable sources, the man is known in some groups for being charitable and philanthropic – toward a chosen few, no doubt, but generous nevertheless. This doesn’t necessarily mean altruistic and self-sacrificing, but displays a tendency to share the “spoils of war”.

F’rinstance, a group of beggars, blind panhandlers would assemble in the parking lot of the B.H. Police Station waiting for Robin Hood to arrive. Alternatively, the police dispatcher would radio the roving hawk that his patrons are awaiting his illustrious presence. The story goes, he would leave whatever mischief he was up to (or down to …?) and attend to each blind person individually in private. There are accounts of his benevolent involvement in other events,Gratitude e.g., financing marriage of girls from poor families, sponsoring kids thru’ school and college, giving handouts to the needy, and so on … But, it must be remembered that these beneficiaries are not even potential sources of big-time revenue by any stretch of (an opportunistic)imagination, and moneys spent is just a teenie weenie fraction of the loot but a venerable publicity tool.

So, what other possible explanation exists for Our Man’s immunity from the Laws of Karmic Reciprocity, the Law of Cause and Effect? I’ll be damned if I know! Maybe he’s amassed trillions in the Karma Bank and can afford to squander through a few transgressions. Maybe his “expenditures” are disproportionately miniscule to his assets. Maybe his time hasn’t come. Maybe the concept of Karma is total fiction. Maybe we also should anoint our nefarious gains (if any) with a dab of pseudo benevolence so hypocrisy could make a grand  entrance cloaked with public adoration. Maybe I should down another shot of Whiskey …

rainbow-barWe’re all familiar with the phrase, “beware of the Long Hand of the Law …” but, here it seems, the higher a Police Officer’s rank, the longer the reach of his zipper-busting, thigh-splitting, pile-driving pecker! The media commode is clogged with the pong of allegations of police impropriety especially associated with damsels in distress: “If in  trouble, gratify the cop and your troubles will lighten … If you want revenge, gratify the cop and he will make your victim’s life a living hell …”.

The Exploring DickAccording to reliable sources, Pussy Power is alive and well in police stations satiating satyriasis of epidemic  proportions.

“Look, Mommy! No hands …!!”

But this seems to be an accepted norm within the Khaki Fraternity, sort of like an acquired swelling commensurate with the job.So, when (IF) media attention is aroused and an internal, closed-door“investigation” should uncover some truth to such allegations of indiscriminate hypersexuality, the “erring” officer is transferred to a different fertile Sector to continue sowing wild oats with only a notional wrist-slapping – maybe.

Latest Hemorrhoid-popping Police Smut News: Superintendent of Police S. Syamsundar, IPSwas shifted following allegations that he had developed more than a professional relationship with a woman while (Ahem!) “handling” her complaint. Jeez …! More than 200-plus ‘phone calls at odd hours of the night, eh? Man, you must be the patient, “considerate” sort they want to take home to meet Mommy; the kind of flunkey you read about in Cosmo Magazine. Unfortunately, you’ll never hit it off big with the chicks, Sam. Take it from me, Bro, you gotta’ be a super sly, selfish bastard to get their undivided attention and sample the goodies …! Don’t you think that’s enough talk for a lifetime? Just tell the broad, “Foreplay is over, Byatch! It’s time to f**k …”. Practice improvising on Shank’s simple but foolproof MO (see below) that flips broads over belly-up at the sound of  the zipper unfastening  … That’s right, Champ! Bring out that “inner” Slime Ball in you ‘cos “gentlemen” don’t stand a fair chance at gettin’ lucky in the meat market. You’ll see results. Guaranteed! And to hell with what the media says. They’re a bunch of dickless, self-righteous hypocrites whichever way you look! 😉

Bass kar, Yar! We all do it … or thought about doing it … maybe, WILL someday ….! So what’s the big deal, Huh? The media will be media, and cops will be cops – So, f**k ’em if they can’t take a joke!!”

When creating husbands, God promised women that loyal and ideal husbands would be found in all corners of the world. And then he made the Earth round!!

Our Presidential Police Medalist’s latest notch on his starched Khaki Lingam is vilified actress-cum-madamme Tara Chowdary, according to her tearful judicial declaration. Seems like Lord Shiva’s gift to women in custody, viz. our horny hero ACP Shankar the Stud, resorted to his sure-fire, time-tested method of enchanting vulnerable women: He had her beaten into submission at the police station. Her facial bruises on YouTube seem to corroborate with her story. Adding insult to injury, the media reported that Banjara Hills Inspector M. Sudarshan and his boss (our role model, Testosteronic Shankar) seized more than ninety, hard earned, secretly recorded DVD disks of VIP’s, honourable legislators, honourable members of the cabinet, power-wielding Police Administrators, and other blue-balled moneyed clients caught with their pants down/dhotis off while exercising their libidos on Tara’s versatile callipygian staff.

Tara Choudhry - Victim of Khaki Dick-Slapping?

Tara Chowdary_Roped_GropedThe media could not reach Shankar, our pryiapic role model, until days later when he (predictably) refuted the allegations and dismissed them as “baseless”. “Tara has had a grudge against me for a long time, but I did my duty,” he quipped.  So, since how long has Shankar the Shank “known” Tara and of her meat marketing enterprise? Why didn’t he “do his duty” back then? Or perhaps he DID “do his duty” but never paid for the merchandise. Hmmm … That could explain the grudge, right? RIGHT!!

According to Police, these DVD’s were Tara’s “insurance policy” to keep the “respectable pillars of our community” from squealing if things got sour. Ironically, until a few weeks ago, our Khaki Goons would provide discrete police escort to Tara when visiting select VIP’s. According to Tara, the cops are now doing some high level blackmailing of their very own with the seized DVD’s. So, you see, CRIME PAYS!Never underestimate the creative ingenuity of our Desi cops! Jai Hind!

ANY VIP WISHING TO PRESS CHARGES AGAINST TARA OR THE POLICE, PLEASE COME FORWARD!

© Copyright 2012. Carlisle Collins. Havepenwillwrite. All Rights Reserved.


THE LONG HAND OF THE LAW (Sliding Deep into Your Pocket)

August 12, 2008

https://havepenwillwrite.files.wordpress.com/2008/08/gc_bc.gif

It really is not the reporting of Police corruption to the world community that vilifies the workings of our criminal “Justice” machinery, particularly concerning treatment of our foreign ‘economically advantaged’ but culturally naive visitors. It is the inherent disgrace of such relatively transparent extortive shakedowns themselves where ‘under the table’ consent has been seized thru’ usurpation and the proceeds proportionately fractionalized upward, ‘behind the khaki curtain’, rank wise, conforming to the ‘Inverted Triangle’ principle of Multi-Level Marketing.

In the bigger picture, CORRUPTION MATTERS! Corruption is treasonous: it subverts ethical governance, saps productivity, prostitutes our nation to the highest bidder, directly affects National Security. And it costs us all very dearly!

No doubt we’ve come some ways toward progress but in these 60 post-Independence years we took to coming ‘this close’ to striking a nuclear deal with the US, we could have accomplished A LOT MORE in other areas critical to our national development and earning a respectable standing as a World Leader entrusted with veto powers in the UN.

Instead, we find ourselves still limping to the same sad tune and the same weather beaten theme we’ve inherited from our predecessors: Purporting to address poverty while widening the economic gap, proposing literacy reforms while overlooking adequate benefits for teachers, stamping out child labor absent an aggressive motivational school program free from depriving them of their meager government subsidized food rations and health services, setting out to modernize agriculture and animal husbandry without considering just dues to struggling farmers, assuring rural development in an administrative climate that skims the ‘cream’ off the budget ‘crud’, contemplating infrastructure absent decent benefits for Labor, ‘tightening up’ internal security with a purchasable intelligence and enforcement machinery …

Not that we’ve been short of money for development programs.; far from that! You see, the budgeted funds traverse a rather obscure, circuitous path to reach their final destination. Herein lies the (deliberate?) quandary! A lot of greedy pockets line the route impeding its passage like panhandlers at the railway station following close at heel toward your transportation! And when the funds eventually arrive and are put to their intended use, they are usually found to be “inadequate” to complete the projects to an acceptable standard for utilization hence justifying necessitating cost-influenced ‘trimmings’ and, as expected, sub-standard results that defeat the purpose.

Consider just this one common example: the annual flood situation during the Monsoons. Stagnant water and the lack of proper drainage facilities that invite disease, traffic jams, property damage, power cuts, mud slides, many casualties … We deal with this occurrence every year in just about the same locations as previous years, yet, with the exception of random filling of pot holes (and only in response to overwhelming complaints), we see little if any signs of its abatement – despite the availability and release of funds for the very purpose.

It doesn’t take a genius in Economics to figure out where the shortages in allocated funds went. One needs only to direct a cursory glance at the “Lifestyles to Means Ratio” of our trusted public servants to discover their nests are pretty damn well feathered. Yet there’s little if any inquest. And why should there be when “all concerned” (excluding the general public) have been generously compensated?

One manager at the local Municipality, on assurance of anonymity, confessed that the biggest money-making racket has been the land registration and grabbing schemes – the Darling of some of the highest placed icons in politics and Administration! This is how it usually works: Intelligence from their ‘Field Surveyors’ brings to light a listing of prime real estate especially vulnerable for seizure (usually owned by some aged individual, or someone living abroad, or someone with little or no political clout to hold out in an expensive – and often fixed – court proceedings).

Appropriate documents are then forged (e.g., a fictitious Sale Deed, Mortgage Deed with Right of Possession, Affidavit of Defaulting Terms Guaranteeing Surety, etc.). The property is registered to the new ‘owner’ who summarily directs his goons to occupy the property and establish presence. The ‘genuine’ Owner would call the Police but to no avail; their ‘cooperation’ would have been acquired previously. So now he is compelled into a long, drawn out battle in court which could last as long as 20 years. Meanwhile, some enterprising political muscle-flexing scum enjoys the fruits of someone else’s labor!

And you were thinking “THE MEEK SHALL INHERIT THE EARTH?” Not hardly, my Man! Looks like the predators shall!

There are scores of such success stories giving credence to the “Rags to (purloined) Riches” parable. Like f’rinstance a City manager who had been milking the budget for years “allocating” resources toward road development in some godforsaken corner of Slumsville and for maintenance and operational costs of their Community Center. Now, TWENTY PROFITABLE YEARS LATER, it is discovered that absolutely no roads were ever laid out there since Independence, and there was no Community Center in that Hole-in-the-Wall ghetto in the first place!

Extortion rackets, particularly gender biased IPC §498a scams, have evolved in sophistication and become so widespread that they are generally recognized as a lucrative underground Cottage Industry managed by a capable Board of Directors who just happen to be the local Police.

There’s available a very informative article on the Indian Corruption Entrepreneurship that goes so far as to suggest diligence and due caution from US businesses contemplating interaction within the unique ethical mores of Indian business practices. I found it most definitely a “ Must Read ” piece of objective research. Here’s the Link: http://thepiratebay.org/search/India%20Police%20Corruption*/0/99/600.

Pursuant to numerous such criminal incidents reported by the media, particularly situations where, minimally, by preponderance of evidence, one could reasonably ascertain that vested Police involvement exists, the Consulate General of the United States of America has issued a World-wide cautionary advisory to travelers intending to visit India:

Persons violating Indian laws, even unknowingly, may be expelled, arrested or imprisoned.  For example, certain comments or gestures towards women, Indian national symbols, or religion that are legal in the United States may be considered a criminal violation in India, subjecting the accused to possible fines or imprisonment. Furthermore, since the police may arrest anyone who is accused of committing a crime (even if the allegation is frivolous in nature), the Indian criminal justice system is often used to escalate personal disagreements into criminal charges.  This practice has been increasingly exploited by dissatisfied business partners, contractors, estranged spouses, or other persons with whom the U.S. citizen has a disagreement, occasionally resulting in the jailing of U.S. citizens pending resolution of their disputes.  At the very least, such circumstances can delay the U.S. citizen’s timely departure from India, and may result in an unintended long-term stay in the country.  Corruption in India, especially at local levels, is a concern, as evidenced by Transparency International’s Corruption Perception Index of 3.5, ranking India in 72nd place of the world’s countries…

Now wait just a doggone moment here, Pilgrim! I represent (I mean) resent those remarks! How dare they pass factual comments about us like that! Why, the nerve … ! Just for that, we should serve them a dose of our Super Duper NRI-‘Farengee’ Special FIR! Our Inspector Sahibs have years of practical experience dressing up fraudulent FIRs with “Mirchi Masala”! They’ll dream up a suitable Penal Code section later! Yes, Yes! Just imagine the charges … Ooohh! Baby, I’m really getting turned on, now … A non-bailable “Libelous Representation of Truth” or “Contempt of Crooked Courts” or “Conspiracy to Impede Tourist Shakedowns” r/w “Propaganda Intended to Expose our Insidious Tourist Traps” …. We gotta arrest them for something, Yar! It is now Izzat-ka-Sawaal! Let’s get them for, like f’rinstance, “Urinating on the Sidewalk in Public View”! No, we can’t do that! After all, it happens to be a protected Indian tradition! Instead, let’s ‘appropriate’ their Multi National Investments here and send them packing back to “Phoren”! Oops! Can’t do that either. We’d be broke in no time and on our knees again! Besides, we could all use some Visiting Visas to Amreeka so we could conveniently disappear and start our very own Desi convenience store or get a job in the armory dept. at the local mosque!

On second thoughts, why cause trouble, Yar? Let’s just turn the other cheek and pretend it’s just a “crazy American joke”! Subsequent slaps in public don’t hurt as much as the first one did; besides, remember that time-honored advise from the enlightened Swamiji (now prudently in hiding)? “Better to be dick-slapped in public by a gang of career diplomats than have your ass kicked in private by a solitary Marine”.

Our Founding Fathers may likely be “rolling in their graves” while their prospering progeny are “rolling in the gravy”. Tsk! Tsk! Depressing state of affairs …

© Carlisle Collins. GOOD COP – BAD COP.  www.havepenwillwrite.wordpress.com. 2009 – 2013. All Rights Reserved.


Maxims of (in-)Justice

April 16, 2008

https://havepenwillwrite.files.wordpress.com/2008/07/gc_bc4.gif

OF LIES – LIARS – and the indian police disSERVICE

It is to the discredit of every honorable Criminal Justice professional that, thanks to the uniform desecrating vermin on the Force, a confession made to a police officer is not admissible in court!

This precept, at least on paper, is accurately reflective of widespread public opinion synthesized thru’ one’s general interaction with the law, formal attestations from experts and research scholars, and with people who administer and enforce laws; that they are corrupt liars and cannot be trusted! Unfortunately, this view, for the most part factual, is unfairly demoralizing to the devoted few who’ve striven to maintain an unsullied respect and pride in their Uniform (often despite overwhelming political and peer pressure, and sly, coercive sanctions).

O.K., so confession made to a cop is not admissible in court, [Now check out this play on words:] BUT ” if a statement is given by an accused to a police officer while in custody and that statement reveals the discovery of any material fact and in consequence of that statement if that material fact is discovered, that statement is admissible to the extent of such discovery. it can be used in evidence of the thing recovered as a result of the confession made to a police officer by the accused.” [ Section 27 of the Evidence Act.] Thus if a weapon used in a number of cases is recovered by the police (or, more commonly, planted by them) as a result of a “confession” made by an accused person, the recovery is a relevant piece of evidence. [ State of U. P. V Deoman Upadhyaya AIR 1960 SC 1125.]

In other words, evidence recovered pursuant to a suppressed, rejected testimony that, by law, has no legal worth in the first place, is acceptable!

The Constitution mandates no person accused of any offense shall be compelled to be a witness against himself and no person shall be subjected to torture or to cruel, inhumane, or degrading punishment or treatment … sounds good so far? (That’s ‘cos it’s meant to!). So how do the Indian Police succeed in surmounting overwhelming odds and statutory restrictions, circumvent the Accused’s constitutional right against self incrimination using no coercion or forceful methods … and bring forth cognizable, damning evidence in a surprisingly short period of time? Amazing? Houdini would have been put to shame! Exemplary police work? More appropriately, “example setting” work. Exceptional forensic/medico-legal investigative skills? Perhaps in exceptional cases, only IF you could get a Desi Street Cop to correctly pronounce that phrase (then forthrightly explain it)!

Fact of the matter is, most crimes are accepted for prosecution NOT on the legal merits of the evidence obtained but on the merits of the evidence FABRICATED and creative procedures employed to dress up an acceptable spit shine. A boilerplate “Voluntary Confessional Statement” is drawn up from an appropriate Template at the Police Station. The Accused Person doesn’t even need to be present (usually, he’s already in the Slammer, or “Judicial Custody”, if politely put). Two “Impartial” Citizen-Witnesses (on the Police’s regular “under-the-table” employ) formally attest that the Statement was made voluntarily by the Accused who led the Police to affect recovery of the incriminating (planted) evidence, thereby making the Confession legally admissible in court: A convenient “Open and Shut Case”! “Incredulous”, you say? Hell, No. This is typical!

Excuse me for a moment while I puke!

Judges are not dumb. They know what went on behind the scenes; it is almost obvious to all! Not in as many words, the Honorable Bench seems to convey, “Don’t insult my intelligence with a prosaic, run-of-the-mill lie that even a fourth-grader would have a hard time believing! Make it a GOOD LIE, even a half-way credible lie … something with MEAT … something to sink my teeth into or fall back upon when I make a slanted decision on shaky grounds”.

And, perchance, IF some young, impressionable, starry-eyed lawyer backs the cop and his hired witnesses into a corner exposing them as liars, there is hardly even a whimper for corrupting a judicial proceeding. Whereas all overseas jurisdictions see prosecutorial perjury as tantamount to publicly dick-sapping the judge, our learned magistrates seem to have developed shameless toleration, nay, IMMUNITY to such insults flung routinely toward the bench; most have likely forgotten what Justice stands for and why the term “Your HONOR” is (was?) exclusively reserved for judges. It is thanks to the Worthy Few in Black Robes that the rest scavenge for privileges and flaunt in their shade.

Since the provisions of the Evidence Act, for good reasons, clearly maligns the police, viz. THEY CANNOT BE TRUSTED UPON to truthfully present testimony, where’s the logic then in attributing legal worth to evidence recovered pursuant to an unconstitutional, self-incriminating, “Voluntary Confessional Statement” unilaterally authored by the Police which, per the Evidence Code, has a prima facie worth commensurate with fiction anyway, as it was more than likely concocted, or Ex-Pârté, or made under duress, or in a language totally alien to the Accused illiterate. Or “all the above”! What became of the fundamental Maxim of Justice, “The fruit of a poisonous tree is poisonous”? Or, has it become by Judicial decree, “partially poisonous” (as in being “partially pregnant”).

 

There are those who argue that nowhere else is the adage “Justice is Blind” more true than in our own beloved Bharat. Justice may appear selectively blind when discriminating and perspicacious, but it certainly is not deaf! It has been known to lend a practiced ear to the “Ka-Chung” in your pockets and the melodious shuffling of currency in your bank account. See Transparency International Policy Position # 4 / 2007 and Link:

http://ww1.transparency.org/pressreleases_archive/2002/dnld/south_asia_report.pdf

To quote, “Judicial salaries that are too low to attract qualified legal personnel or retain them, and that do not enable judges and court staff to support their families in a secure environment, ….. judges are more susceptible to corruption. They may accept bribes when offered and, when left unchecked, may be more likely to extort bribes from vulnerable court users to supplement their incomes”.

To crooked judges reading that opinion (proffered by a responsible source!), it could serve as reliable justification to continue to “supplement their income” through bribes, (since, what the heck! It’s common knowledge, anyway)! In our country where avarice and greed take precedence even over the Deity, it is really immaterial that the income of the overwhelming masses who approach the bench seeking justice, is far below the official salary (excluding benefits) of the menacing Tribunal telepathically (tele-pathetically?) burning a hole in your pockets. Couple that with the assessment of a respected Chief Justice on the possibility of 20 per cent of the judiciary being corrupt, thanks to an absence of an effective disciplinary mechanism, we reach a disheartening conclusion. [See Link: http://www.hinduonnet.com/2002/02/22/stories/2002022200031000.htm].

I have witnessed many proceedings during which acts of travesty stood validated and legalized by informal judicial decree, witnessed to by a horde of impotent lawyers dumbstruck as though paralyzed by the proverbial judicial phallus stuck up their derriere. What ensues is a blatant, intellectually degrading, rhetorical “sleight-of-hands” by the Tryer of Fact regardless of whether he/she is empowered by law to do so; public mockery that’s tangential to reason, logic, rationale, fair play; all one expects from a learned person of Honor, particularly the Judge. Evidence can never originate from a fictional source that does not exist! Except in India …and only when the Judge says so!

But let’s “think outside the Box” for a moment: were it not this way, our Criminal Justice System would be just another lackluster service-oriented government Department instead of what it is in reality today: The most lucrative, government-supported monopoly promising guaranteed returns and perpetual profits.

In a court system such as ours, where trial by jury has been substituted by Trial by Judge, no one dares challenge His Divine Honor’s “Supreme”, “Apodictic” ruling – and the matter becomes yet another whimsically created legal precedent…. Unless one has the resources and tenacity to proceed on to the risky appellate level. Nevertheless, a sizable majority of court patrons would rather not be tried by a jury of their peers. It’s just a “numbers thing” and commonsense economics. Rather than endeavor bribing twelve people on the Stand, wouldn’t you prefer dealing with just one? [By the way, did’ja ever wonder if they actually have to strip for the judge to observe it’s a “Hung Jury”? Just a thought …]

Prudence usually dissuades one from pursuing the Mandamus route and having to reappear before a thoroughly pissed-off judge. Consequently, as a charitable display of some notional sensitivity toward the underdog, certain time-honored principles of Indian jurisprudence have been discretely omitted from the bestselling collection of nursery rhymes for aspiring little toddler jurists, “MAXIMS OF JUSTICE AND OTHER BEDTIME FABLES”, like f’rinstance, Don’t piss-off the Judge. Piss on the Defendant”, “Give ‘em a fair trial; then hang ’em“, “How to maintain a discrete, profitable understanding with the commission agents: The Cops”, “Dissension is our business, and business is good”……….

© Copyright 2010 – Carlisle Collins – All Rights Reserved