Politicization of police a deep-rooted malaise: Vohra ‘Criminal Justice System Needs Overhaul’-8/8/11

Politicization of police a deep-rooted malaise: Vohra

‘Criminal Justice System Needs Overhaul’

UMER MAQBOOL

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Srinagar, Aug 8: Stressing the need for massive police reforms, Jammu and Kashmir Governor N N Vohra, Monday said the politicization of police is a malaise beyond repair.
“A major problem the country facing today is the nexus between political hierarchy, mafia and bureaucracy,” Vohra said at a seminar organized by the ‘Priyadarshani Mattoo Memorial Foundation for Performing Arts’ here.
Vohra said judicial as well as other elements of the government need far-reaching reformation to make the criminal justice system more effective.
“All elements of government are tainted and now fingers are being pointed towards the armed forces,” he added.
Sharing his personal experience as Union Home Secretary during Mumbai attacks of 1993, Vohra said; “I pointed out to the nexus between political hierarchy, mafia and bureaucracy was responsible for transporting of RDX.”
The Governor said Police Act in the country was 150 years old and no effort has been made to upgrade it.” We need to reform every part and parcel of the government including police for providing justice to the people,” he said.
Expressing sympathy with the family of Priyadarshani, Vohra said that the case has come to fore due to the efforts of civil society and media. The speakers at the seminar spoke on the topics: “Is Criminal Justice System of India under collapse? Are Women Safe in India? Did Priyadarshani Get Justice?”
Speaking on the occasion, former Chief Justice of Orissa High Court Justice Bilal Nazki called for separating police from the process of investigation and prosecution to ensure fair justice.
“In Kashmir there are many cases of alleged excesses committed by the police and at the same time police is investigating them. How can anybody expect fair investigation from the accused?” he said.
Nazki said; “Once the crime takes place there should be no business of police to meddle in investigations. Police cannot handle everything from law and order to security to the investigation.”
He said Jammu and Kashmir can become role model for the entire country, as it is easy to reform criminal justice system here.
“This state has peculiar advantage unlike other states of India. If you want to change the law in JK, pass it in the legislature and with the assent of Governor, it comes into force,” he said.
Bashir Ahmed Kirmani, a former judge of the state High Court said that criminal justice system in the India is under severe strain.
“The police-civilian ratio is lowest here. Delivering justice is becoming unmanageable in these conditions and day is not far away when it will become totally unmanageable owing to these factors,” he said.
Attributing increase in the crimes to disproportionate police-civilian ratio, he said that there is no crime prevention system here.
Expressing concern over the spurt in the crimes against females, Kirmani said more than 2 lakh crimes have been committed against womenfolk in 2009 in India.
“It is not a small figure, but a challenge before the government and society,” he said.
He also threw light on the various aspects of the trial of Priyadarshani Mattoo rape and murder case from trial court to Supreme Court.
Speaking on the occasion, mother of Priyadarshani Mattoo, Nageshwari Mattoo said long wait for justice has shaken their faith in the judicial system.
Throwing light on the programs of Foundation, she said, the Foundation has been regularly holding events in the memory of Priyadarshani since 1996.
Former chairman of Public Service Commission Muhammed Shafi Pandit said speedy justice would check the occurrence of crimes.
Asserting that technology can be used for crime prevention, Pandit also called for providing martial arts training to the girls.
“We should impart martial art training to our daughters for their self-defence,” he said.
Among others Director General Information Khawaja Farooq Renzushah, Prof CL Vishen and Muhammed Muzaffar Parrey spoke on the occasion.
The Foundation awarded Raj Begum, Nasurullah Khan and Shahi Mumtaz for their contribution to the field of music.

TIMELINE
Priyadarshani passed Class 10th from the Presentation Convent School Srinagar. She later joined Government College for Women Nawakadal before going to Delhi to pursue LLB.
On January 23, 1996, 23-year-old Priyadarshani, a law student was allegedly raped and killed by Santosh Singh, son of an Inspector General of Police, leading to registration of FIR by the Delhi Police. The case was later handed over to the Central Bureau of Investigation, which filed a charge-sheet against Santosh Singh in the same year.
In 1997, the trial started in the court of Additional Solicitor General S C Mittal and on April 18, 1998, arguments were closed. The case was however marred by a controversy of allegations of money changing hands ahead of judgement. The case was transferred to trial court. On December 3, 1999, the trial court delivered judgement, acquitting Santosh Singh while on October 17, 2006, the High Court convicted Santosh Singh for raping and killing Priyadarshani Mattoo. The court accepted the evidence against Santosh that he was stalking Priyadarshani. “He was seen outside her house on the day of murder, that is, January 23, 1996,” the court observed. On October 30, 2006 Santosh Singh was awarded death sentence by Delhi High Court but later he filed a plea in the Supreme Court challenging the death sentence. On October 6, 2010 the Supreme Court commuted Santosh Singh’s death penalty to life term, much to the disappointment of the family.