Press Releases Archive

IDAW SESSION on Strengthening Investigation and Prosecution

The second session of the Indian Democracy at Work Conference 2021 on Rule of Law saw a distinguished panel deliberate on ways to strengthen investigation.Justice B.S. Chauhan, Chairman of 21st Law Commission, was the chair for the session, with him the panelists were Shri. C. Anjaneya Reddy, IPS (IPS), Shri D.R. Karthikeyan Former Director of Central Bureau of Investigation, Dr. Jayaprakash Narayan, General Secretary of Foundation for Democratic Reforms and Justice M.L. Tahaliyani former Judge of Bombay High Court.

Justice BS Chauhan: Justice Chauhan started off with explaining that the foundation of criminal justice system starts with suspicion raised by the investigators. He expressed displeasure that cases are not being decided even in the lifetime of the plaintiffs. Additionally, most of the political people do not have the willpower to accept any of the recommendations made by the Judiciary and that most inexperienced people are being appointed as public prosecutors due to political pressures.  Justice Chauhan expressed that Section 25A is not being followed by the states where in the State Government may establish a Directorate of Prosecution consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit to strengthen prosecution.Justice Tahiliyani stated that people are having bad experiences when they visit police station, so most do not want to go there to launch a complaint.Trust deficit is there in both police department and judiciary. Justice Tahiliyani explained that no separate cadre of police exist to deal with investigations, and this must be addressed urgently. Police needs to be trained on investigation before they assume their jobs and that Investigation shall be separated from law and order.

Dr. Jayaprakash Narayana stated that police should be empowered and should be held accountable. He said that conviction rate in India is very less and that trial process should be expedited. He also emphasized the need for non-partisan, autonomous, professional, accountable, and transparent independent crime investigation wing is needed. Dr. JP also suggested to increase the number of judges and appoint judges as District attorneys for a period of 5 years and make prosecution independent from political control. Shri. DR Karthikeyan stated that an unjust acquittal is as bad as an unjust conviction and unless we correct the deficiencies in the system the lawlessness of the country will not go.Politicization of police is also a major problem.Shri. Anjaneya Reddy, IPS explained that crime is investigated at different levels like district level, state level, and CB-CID level. The Investigation process should be facilitated over multiple jurisdictions without obstacle and the laws should be changed accordingly.  He emphasized that the laws governing us now are of the colonial era and that the changing times demand robust laws.  The laws governing now are not designed in a democratic system but for a colony.  In addition, Shri Anjaneya Reddy explained that people do not go to police stations because police of apprehensions. Police are given uninhibited powers of arrest, which is misused frequently. Also, encounters happen because people have lost faith in the criminal justice system and that strengthening criminal justice system will build public trust and promote over all development.

Shri. Kishan Reddy, Minister of State for Home addressed Rule of Law Conference Organised by Foundation for Democratic Reforms.  The session on Criminal Procedure Reforms was Chaired by Shri. PS Rammohan Rao IPS, former governor of Tamilnadu, Shri Jayaprakash Narayana Retd IAS, Shri Ranvir Singh, Former Vice Chancellor NALSAR, and Shri. MR Ahmad former Prisons IG.  Shri. Kishan Reddy expresses concern over Rule of Law in the country and conveyed his wholehearted support to the conference.  He also stated that BJP government under leadership of Shri Narendra Modi is commited to Rule of Law and Reforms to the CrPC and IPC.  Shri. Rammohan Rao explained the importance of Rule of Law not just for the health of the society, but also for the economic growth and there by reduction of poverty and increase in employment.

Sunday, February 21, 2021 - 17:36

IDAW SESSION on CHALLENGES TOMODERN POLICING

The first session of the Indian Democracy at Work Conference 2021 on Rule of Law saw a distinguished panel deliberate on ways of addressing the numerous challenges of modern policing. Shri K. Padmanabhaiah, Former Union Home Secretary, was the chair for the session, with him the panelists were Smt. Maja Daruwala - Senior Advisor, Commonwealth Human Rights, Shri Kamal Kumar, Former Director SVP National Police Academy, Mr Raj S Kohli, Chief Superintendent, Metropolitan Police London, Shri. Jacob Punoose, former DGP of Kerala and State Police Chief and Shri. V. N. Rai, former DGP of Uttar Pradesh. 

Shri Padmanabiah began his address by stating that the police are tasked with the duty of enforcing the Rule of Law, failing which any state would regress to the status of a failed state. On the other hand, excessive use of force and coercion would turn the state to a police state. He then proceeded to give an overview on the experience of police reforms in India and broad areas in a dire need for reform. He continually appreciated the police reforms done in Kerala and suggested that every police force in the country learn from them. Smt. Maja Daruwalaspoke next on the issue of the public’s perception of the police, elucidating the pressing issue with references from various reports on policing. She stated that increasing negative perceptions must be immediately addressed. Shri Kamal Kumar highlighted the essential requisites of a modern police force that a vibrant democracy like India urgently requires. He also illustrated the issue of the inhuman and unenviable working condition of the police in India and that they should be immediately improved. Mr Raj S Kohli spoke about the differences between Indian Police and the police of the United Kingdom. He asked an important question in "we never ask the people how they want to be policed". Shri. Jacob Punoose started out by talking about how fear can never be a source of policing, rather the basis for policing should be co-operation and friendliness. He went on to emphasise that police should be friendly with the people firstly, which would be reciprocated by the people. He shared his experiences in community policing in the state of Kerala. Shri. V. N. Rai, former DGP of Uttar Pradesh, spoke about how the most essential parts of policing in recruitment and training are being neglected. Excess political interference and arbitrary transfers of police personnel makes policing job difficult.

The Second session of the Indian Democracy at Work Conference 2021 on Rule of Law saw a distinguished panel deliberate on ways of addressing the numerous challenges of modern policing. Smt. Aruna Bahuguna, Former Director of National Police Academy is the chair for the session, with her the panelists are Dr. Gandhi P.C. Kaza - Senior Advisor, founder of Truth Labs and prominent forensic expert, Shri M. Mahender Reddy DGP of Telangana State, Shri.Mohit Rao, Independent Journalist, and Dr. Vipin Mudgal, Director of Common Cause.

Smt. Aruna Bahuguna started with Internet of Things and Artificial Intelligence has a big role to play. Mr. Mohit Rao mentioned that police response to large unrest was mostly political and that the technological applications of police are mostly in urban and it is not being used in rural areas as much.  He also talked about contamination of crime scenes and mishandling of investigations.  Dr. Gandhi, top forensic expert shared his experiences on forensic investigations and expressed displeasure on the lack of budget, equipment and resources to tackle investigations and said that some cases are investigated for many years.

Sunday, February 21, 2021 - 13:23

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