Friday, December 6, 2019

murder most foul

This is murder because a trial if held would have exposed the truth. This is easy find poor people who would not have access to lawyers. Accuse them make selective leaks in press to have outage increased in public. The media will hype it more and more so that even western nation will issue advisory  against travel to India.  Increase the hype day by day. Eventually the lawyers say they will not defend the accused. Then kill them say they tried to run. These were people who earned less then 5000 a month that is around 70 us dollars and are daily wager means if they dont work they dont earn and hence when in jail they will not be earning without money they can not access the legal system. Here are the following facts that make me feel this is a murder 
1) victim is burned alive proving rape will be difficult 
2) lack of eye witness or forensics evidence like finger prints DNA mobile tracking etc.

The problem was that if a trial happened they might go Scot free and that would be egg in face of politican.who would find it difficult in election to explain this to people.  The public was anyhow wanting quick trial.There were petition that hang them before year ends, considering today is 6 December 2019 less then a month to hang them and mind you court would be closed and on holidays. That this is a British pactice is irrelevant to morden India no one is borthered least of their Lordship's No one wanted a fair trial. Weird in the same state a woman forest officer was beaten up by a poltican in the same state a woman tasilder (revenue offical) was burnt alive and the IAS (indian administrative Service) associations were the only people condemning it. 
The problem was middle class was rattled they felt that it could happen to them  they felt unsafe the face book and twitter republic were out raged they wanted a mob lynching and that is what has happened. Today is a bolt on name of justice and you and I are  responsible for this murder. The karma will flow in our life we have ordered this hit as much as the police man or woman who fired the finger that pressed the trigger was ours and that policeman or woman will one day take money to fire his gun on some one like us. Do you know why because he or she have got away with murder. They have understood how to use tv and social media to make us behave like mob. Police reforms are urgently needed but we will never ask for them because we are happy that justice has been done without a trial. In a nation where over 80% rape cases are false where 70% case are false where the situation is so bad that justice mulla of Allahbad high court had to say in open court that the only organized force of criminals is police force. Why blame the police they comprise or people like you and me. Supreme court in a landmark judgement in 2006 aprox said the man manning traffic should not be investigating crimes but that is what happens. The man doing beat is the investigation officer and we are not bothered.  If we are this callous then we deserve what we get. Police is human you dont worry how they work what pressure are there when a man or woman approaches the police the first thing you want is the person you are reporting against should be beaten up this is the sad reality and when you want this what is that the police officer learns it's alright to do violence against people. They learn that and one day they do it on an innocent and you feel they are criminals they are what you have made them. If Justice Mulla  is correct then he too was responsible for the police becoming evil. As a judge he could have curbed it rather then lecturing but how many times did he do it?  When we expect want or ask the police to do illegal things we are preparing our graves. Police reforms are the bedrock of democracy yet I have hardly heard the civil society wanting it. What I have seen in last 40 years is the demand of police to kill criminal and not arrest them. This demand lead to movies where false encounter were glorified. This demand lead to extortion it lead to large then life role for some officers. Who pays the traffic police bribe when they challan you ? You do and what happens is that the constable learns how easy it's to make money. Then you blame him for extortion from trucks. Now you as citizen bribed him till he thought bribe is his or her right. If he or she demands what he or she precieved as his right then this is bound to happen. Both false encounter and bribes are result of your expectations. In Today's murder the blood is as much on your hands as mine it's no different from the blood of christ or the suspicion on the character of sita. You and I forced her exile as much as we crucified  the saint sent to save us. Even God can't help if we dont help ourself and please please support police reforms. They are more important then tax breaks.

Saturday, November 30, 2019

Blood lust of a democracy

A rape has happened. Of a vet doctor in Hyderabad and  people are agitated. Facebook is flooded for a few days and people are asking for stringent laws. In my view they are bloody fools. In India we have the most stringent laws. A man accused of rape has to spend 100 days in jail if he is  just accused. If a man is in postion of power over woman the man is deemed to have committed rape even if there is no proof he is to be jailed. A husband can also be sent to Jail for rape.  Hell if a woman logs an fir you cant get a copy online but only though the court which means you spend 3000 bucks for something. Plus lawyer fee for something that is the right of accused States like Haryana have even taken away free ration for families of accused. Laws don't need to be stringent. What needs change is police reforms these reforms were ordered by Supreme court of india on 22-9-2006 (22nd Sept 2006) in Prakash Singh vs Union of India case. However no state has implemented this across of india. Nirbhay need not have happened if these police reforms were implemented. Today a person who has to direct traffic also double up as Investigation Office. Does he have forensics training? are their police dogs to help him? does he have access to forensic team or is he aware of finer nuances of interrogation. If he supposed to manage traffic and be on patrolling duty as well as attend court when will he investigate cases ever thought of this my angry friends. If he on road to stop an angry crowd who trying to block traffic will he be able to do investigations. Supreme court said law and order and criminal investigation are different things. Officer involved in law and order should not look at criminal investigation it's not been implemented. There should be a police complaint authority in every district for complaint against police so of your FIR is not registered u can approach them or if you are not  happy with investigation but no state except delhi where police is under central govt has implemented it. Anticipatory bail was not there in state of Uttar Pradesh which means if you are accused of a stringent crime you went to jail or you had to approach high court yet rapes happen here why? Because of lack of police reforms not stringent laws. Has any one seen that how many false rape cases are being filled ? Do you know why because the law is stringent and gives no relief to accused but still the conviction rate is low, why? Because there is no proper investigation. So don't ask for justice ask for police reforms ask for better faculties for  police, ask for better faculties in court ask for judicial reforms. Ask that lawyer who cheats their clients there should be action against them. Ask if a government lawyer takes money and loses case he should be barred by bar. If you want to complain against your lawyer do you know the process? why are 35 affidavits required for that and why has the complainant had to bear the cost of sending notice as well as give a fee. Trying to get  35 affidavit made let's see which lawyers will give you help in that. Yet you are agitated about police and the courts not doing anything. What will they do if the system does not give them freedom. Chhaya Sharma the  dcp  in charge of Nirbhaya case pulled in favours and got forensic evidence that helped nail the murders. How many cases are supervised by dcp. Do yourself and this nation a favour ask for police reforms and if you can't then ask for return of the old British system where the dm and division commissioner could not only direct police to register case but also can order change of io. They should also write the acr of police officers and that should be considered in posting and promotion of police offices. Also stop glorifying officer like KPS Gill or  politician who say thook dalo get or encourage encounters done and start remembering people like R.C. Dikshit who had removed terrorism with out a single false encounter. In an area as large a Punjab. Stop shortcuts and support systematic reforms for your nation and you.
What people ask for and demand an encounter it can be of an innocents but if they see justice happening they are find it matters not of the innocent get punished. The blood lust of people should be satisfied and poltician play this well. Even the educated in India are not aware of National Crime Record Bureau http://ncrb.gov.in/ they think an encounter will ensure that crime will not happen in a state or distict. The want fast results and these are the people who claim it takes 9 months for a baby to be born it takes years of study to become a doctor these people think medicine is learned 30 second modules. These people are Facebook hero's who will do nothing for the system to change. Sad place we are in today. If social media is to decide how the criminal justice system is to work. Police reforms with subsequent judicial reforms is the way forward 

Sunday, June 9, 2019

Rape here a rape there. What should we do ensure justice for all ?

I wonder if I would have been on candle light vigil at India gate for Nirbhaya if I had known that net result of that movement would be a law which mandate 120 days of jail even before trail starts. The number of false cases are also staggering. Karan Oberoi this one and many others are now making me wonder who the victim are ? In the Nirbhaya case too the boy who gave evidence and recognised the criminals he was severely injured and in ICU as well he neither facilitated for sticking to his statement nor appreciated he made enemies. In fact India looks increasing unsafe for urban men. Most of these idiotic laws are made keeping in mind rural areas but there fir are not done by police here in urban areas cops are caught working with gangs who file false fir to extort money. 498a has become an extortion tool so have other laws. There is need to protect the middle class from such false case at the same time ensuing that criminals who actually do this don't escape.  Government has to make police free and accountable to the pyblic. False fir cases have to be dealt with heavy hand and made non bailable and jail term  made life imprisonment. Also the accused name should be kept away from media till conviction. Fast track court and dedicated crime unit for such crime having a a forensic member should be there in every district or police station. Such officers should be exempt from law and order duties as well as election so that don't get bogged down. Dedicated team of prosecution lawyers selected basis an all India test for representing such cases.  and mandatory 100 hours of training in how to behave with public and deal with such cases to be provided to officer dealing with such cases. Judges who deal with such cases should be carefully vetted and given training. Also in the long summer break they should be given training on how to deal with such case. Two fast track courts per district and more if required. Annual review of judges, policemen and lawyers made public and put in public domain. Apart from this a witness protection program for such cases and victim rehabilitation program. For the preparatators of the crime psychology profiling to find out why they did this crime and rehabilitation if doctor feel it can be done post the carrying out of sentence. Physiological profiling should also be done to find out why the crime was done and an 3 year review of such cases should be done  by the home Minster/cm dgp and head of prosecution branch be done on cases judged and which are pending. This report is to.be put in public domain and recoded 5 year review of such cases by union home minister centre for police research, dgp, c home Minster of the state with NCRB  chief   to be done as well. This will ensure that such cases are dealt diligently.

All the above is the need of hour to stop false case and to ensure justice is done.

What do you think?

https://www.outlookindia.com/newsscroll/hc-acquits-man-of-rape-notes-woman-called-him-529-times-before-informing-police/1550283