Shame to our constitution and society !! :banghead:

[karmveer]

http://www.mid-day.com/articles/mumbai- ... t/15581172

[maninderking]

Some Policemen are vardi wala gunda

[apoorvsinghal]

I would respectfully disagree here. We do not know the whole facts of the case and neither the circumstances. I am working in the Supreme Court and have worked in lower courts also. Many a times people tend to abuse the process of law and try to falsely implicate police and officials as a sort of first strike. We, as a society have a very negative attitude towards the police, not that they have done much to rectify it , but nonetheless, most of the times it is police who gets the bad media publicity and get scorned. But a court of law can't base itself on the perception of the public but on the settled principles of law. This means they have to apply the law on the given facts and not conjectures. I have dealt with cases where on the first look it was against the police but after careful perusal and analysis of the facts it came out the other way round. I am not preaching anything or defending anyone here. What I believe is that any person should get a fair hearing and we should not be biased towards anyone or organisation before acquainting ourselves with the full facts and circumstances.I do agree that there have been cases of police gundagardi (Irony) but this is not a general rule.

That's my two cents.

[ckkalyan]

There are always two sides of the coin apoorvsinghal but, all of us sadly tend to paint all cops with the same brush! Not only in India, where it is perceived usually in the aggressively negative. There are always a few good apples everywhere in every sphere of work. How I wish it were different - all over!

Quote from above link: http://www.mid-day.com/articles/mumbai- ... t/15581172

Mumbai crime: Accused of abetting rape, 3 Kerala cops may get clean chit
By Vinay Dalvi |Posted 06-Sep-2014

Three Kerala police officials, who are facing a Mumbai Crime Branch probe for aiding and abetting the rape of a woman from the city while she was in their custody, are likely to be given a clean chit.
The 38-year-old Mira Road resident was arrested by the Kerala police on October 1, 2013, after a complaint of cheating was filed against her by one V V Jose at Thrissur police station in Kerala.

Jose had accused the woman of taking money from women by promising them nursing jobs in foreign countries. He had alleged that she had cheated several women to the tune of Rs. 1 Crore and had kept around Rs. 60 Lakh from that and distributed the rest among her accomplices.

“The Kerala police had arrested the woman on October 1 last year and had taken a transit remand from a Thane court. Since their train was supposed to leave the next day, they decided to stay at New India Lodge in Dongri,” said a Crime Branch officer.

The women alleged later that the complainant V V Jose was also present in the lodge and had raped her in the presence of his friends M A Salim and Jijo Weblodon. She had accused inspector P P Davis and constables Girija Vallaban and Sunita Hansa, whose custody she was in, of abetting the crime.

The police officials were later suspended. When the Dongri police did not register an FIR, she approached the Supreme court, which ordered Assistant Commissioner of Police Yeshwant Vhatkar of the Mumbai Crime Branch to carry out an investigation.

No evidence?
The Mumbai Crime Branch carried out lie detector tests on the six people accused by the woman, which came back negative. Sources also said that the woman had not tried to register a case for a long time and had not told anybody about the alleged rape. They said circumstantial evidence also does not point to the woman being raped in the Kerala police’s custody.

ACP Vhatkar also found that at the time at which the woman had alleged she was raped by Jose, he was not in the lodge and was out taking a call, as per his call detail records. “We carried out lie detector tests on all six accused and they came back negative. We will be submitting the investigation report to the Supreme Court on Saturday,” said a Crime Branch officer.

“We think that the women alleged rape as she suspected more victims of her fraud would approach the Kerala police and register cheating cases against her,” he added.

Messy situation: Arrest in Mumbai by out of state cops - transport back to Kerala - overnight stay before trip - plenty of possibilities for creative, mischief from both parties!

[winnie_the_pooh]

Yup...shame on our constitution that provides for due process of law. Rather it should have legalized lynch mobs and given them carte blanche to mete out justice as deemed fit.

[nagarifle]

Yup...shame on our constitution that provides for due process of law. Rather it should have legalized lynch mobs and given them carte blanche to mete out justice as deemed fit.

totally agree we should take up the above course of action, why pour honey on poison, as they will both become poison . i always wondered why the courts here unlike let say the states, one is judged by ones peers, this approach does not seem to be in India. i suppose the question is who is my peers? just a Sunday early morning babble.

we just have to remember that every story, just like a coin has 3 sides to it, the two outside and one inside.

[bennedose]

Yup...shame on our constitution that provides for due process of law. Rather it should have legalized lynch mobs and given them carte blanche to mete out justice as deemed fit.

This is not as absurd a statement as it might seem on the surface and some of these things are only now beginning to be recognized.

The system of governance we have is a "top-down" system where the government is at the apex and has all the power. It goes by a pre-written rulebook (the constitution) and all laws and rights are "handed down" from above. This is actually an offshoot of the Abrahamic religions where "God" is sovereign and has rights over everything. Man must live by the laws that God hands down via his holy book.

However India did not always have such a top-down system - a fact that made teh british accuse Indians of having no laws or of not being law abiding. The system that Indian society lived by was a "bottom-up" system where laws were local and enforced locally. the Panchayat system is an offshoot of that (Remember Khap panchayats?) . Ancient Indian literature demands that even visitors of high social status to a village had to abide by local rules. Every "jati" (extended family/ethnic group) has its own set of rules. The only common denominator for all these was a set of ethical guidelines. they were not binding laws but moral requirements about duties of parents to children, children to elders and parents and teachers etc.

The British top-down system has been superimposed on a pre existing Indian system of moral obligations and rules that are implemented in a local "bottom-up" fashion. The legal system that we inherited from teh British demands that the actual judge has to be someone who has no connection with the two parties involved in a legal tangle. That is supposed to make him neutral, in theory. In practice this system can develop a lot of faults. A similar system is in place in the US and the recent riots in Ferguson were an indicator of how justice was widely believed to have been miscarried.