Open letter to CJI Sh. NV Ramana [draft]
"The threat to human rights and bodily integrity are the highest in police stations. Custodial torture and other police atrocities are problems which still prevail in our society. Inspite of the constitutional declarations and guarantees, lack of effective legal representation at the police stations is the huge detriment to the accused or the detained persons. The decisions taken in the early hours will later determine the ability of the accused to defend himself. Going by the recent reports, even the privileged are not spared third degree treatment. To keep police excesses in check, dissemination of information about the constitutional right to legal aid and availability of free legal aid services is necessary. The installation of display boards and outdoor hoardings in every police station and prison is a step in this direction. However, NALSA must also actively carry out sensitization of police officers. "
CJI comes across as a very sincere, honest person who is as concerned about misuse of police authority as I am. And free legal aid services to the weaker section is also a great step but is it sufficient to stop police atrocity? No, because legal aid will come in picture once the violation has happened by police. Advocates cannot get involved until the person approaches an advocate with clear complaint. By increasing involvement of advocates in police stations, we are furthering the bridge between rich and poor where the rich can easily use clout of influential advocates to influence police according to their wishes.
And sensitization of police officers should be the duty of police chief who is managing the workforce. Every police officer by the time reaches to the top post is already having more than 30 years of experience. It is expected that such police officer has already been sensitized throughout the career. Then what is the sense of asking NALSA to interfere in policing? Aren't the three pillars, legislative, judiciary and executive supposed to be as decoupled as possible? So, I believe the suggestion of sensitization of police to NALSA is a very well intentioned suggestion but the police which is given the important executive function of enforcing the laws created by legislature will always try to defend and maintain distance from judicial arm of constitution and rightly so.
So, let me quickly tell the solution to concerns raised by CJI:
1. Top cop's accountability & online centrally managed grievance portal similar to RTI where details of all officers are prefilled and you have the option to raise complaint to their senior in hierarchy directly and get a response back within reasonable period along with an escalation matrix upto chief of state police.
Rationale: Police is able to commit atrocity on innocent because they are not held accountable. If you're a common man, it's impossible to complain about a police officer to higher officers in the hierarchy. They will mostly ignore you and there's no proper complaint management system. Having an online system with option to raise complaint through a proper channel would give voice to the silent.
2. CCTV in every police station and in every prison. If CCTV is not working, that police station cannot operate. If Cctv not available, most extreme version and accusation of opposite party will be assumed to be true. Case in highlight is recent illegal detention of advocate in Mumbai & Cid enquiry by court!
3. I will suggest mandatory badge cams on every police officer which cannot be turned off while on duty but the cost involved in managing this is a serious deterrent in its implementation. The novel alternate proposal is to let every citizen record. Every citizen has a smart phone these days with camera and every citizen when visiting police station should be able to record any interaction with the police so that he is never abused - verbally or physically. This balances the mismatch in power between a police officer and person while in police station. This right to record need to be fiercely protected and hoarding outside police stations should remind citizens of their right to use video cameras. Also, the senior police officers need to spread awareness that "Citizens have not only right to record but are expected to always record all dealings with all public servants". This is such a strong step that it can eliminate corruption if we remove element of 'sting'/'secrecy' out of it and make it a legal right.
4. Full transparency to all public on all cases filed (digital India) and two IOs in each case - each responsible for full details/view of one party. [Vivek TODO build on it -- police says can't share anything while investigation is underway. Two IO cannot be used because of resource crunch and IO job is not to present view but collect evidences from both parties. 1. would cover this part if we can complain if IO is ignoring evidences from one side. There are all sort of crazy accused as well and some autonomy to police is also mandatory.]
Build faith of common people by providing transparency on crimes reported, investigation done, queries raised etc.
NALSA theme song:
Vishwas nyaya ka, sabke liye.
ulaas nyaya ka, sabke liye.
vishwas nyaya ka, sabke liye
Apne is hindostan par, haqq hamari bhi to hai
insaaf ke is aashiyaan par, haqq hamara bhi to hai
Ek mutthi aasmaan par, haqq hamara bhi to hai
Ek mutthi aasmaan par, haqq hamara bhi to hai
NALSA! NALSA!
Ye na socho, dard hamara kahin suna na jayega
Ab nyayalaya khud chal kar, chaupalo tak aayega.
Laacharo ko nyaya milega,
Dukhiyaro ko nyaya milega,
Kamjoro ko nyaya milega,
Masloomo ko nyaya milega,
Apne is hindostan par, haqq hamari bhi to hai
Umeedo ke is gulistan par, haqq hamara bhi to hai
Ek mutthi aasmaan par, haqq hamara bhi to hai
Ek mutthi aasmaan par, haqq hamara bhi to hai
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