Acquittal of two alleged “active members” of Hizbul Mujahideen by Tis Hazari Court on 26 September has added to the shame and disgrace of already disgraced sections of police department. On skimming the facsimile of the judgement (available with Radiance), one can clearly see the partial and irresponsible attitude of those who are supposed to be the most impartial and the most responsible citizens in the country. The court not only acquitted the accused, Jawed Ahmad Tantery and Ashique Ali Butt, of all the charges levelled against them but also asked the Commissioner of Delhi Police to take action against the erring officials within a month time and report to the same court.
THE CASE
Jawed Ahmad Tantery aka Sikandar and Ashique Ali Butt alias Faisal, both residents of Jammu & Kashmir, were abducted by the police personnel of Special Cell of Delhi Police while they were travelling from Gorakhpur to Jammu via Delhi by Amarnath Exp on 4 August 2009. Subsequently, they were presented before media on 6 August with a cooked-up story that they were active members of militant group Hizbul Mujahideen and were on their task to carry out blast on the Independence Day, which was just a week ahead. The police then charged the two with UAPA, Arms Act, Explosive Substance Act and many other Acts.
The cooked-up story, which was not home-worked thoroughly, did not stand scrutiny before the court of law and its being groundless opened the door for the victims to get acquitted. The court decree brings to the limelight the autocratic outlook of the police officials who more often than not work irresponsible throwing even legal formalities to the wind. For instance, the police asked the court to book the two accused under Unlawful Activities (Prevention) Act. It is pertaining to note here that as per the schemes of the Act, the SHO of the police station on receipt of the information and recording thereof under this Act is duty bound to forward the report to the state government forthwith. But the court noted that no intimation was ever sent to the state government at all. “No information of any kind has been forwarded to the state government by any of the police officer including the Investigating Officer,” reads the judgement, adding, “It is important to mention here that scheme of Code of Criminal Procedure of the case has been flouted by the Special Cell, Delhi in this case.”
The court, in its decree running through 44 pages, illustrates very clearly that the whole story was cooked up by the police. The court also took on the police as to how the media abruptly come to the site of occurrence. “How the TV news channel had reached to the place of occurrence in the intervening night of 6/7.08.2009, this court failed to understand,” reads the decree.
A COMMON PRACTICE
This is not the first time when the police have earned reproach of a court of law. Earlier, on several occasions, many a tall claim of police about nabbing so and so active members of banned militant groups who, according to the police claims, were just on their way to carry out their dangerous plans has been proved groundless. Not long ago, detention of a surrendered militant Liyaqat Ali Shah, who was a beneficiary of the rehabilitation scheme of Jammu & Kashmir government, had backfired on the Delhi police. Illegal incarceration of Muslim youth in connection with Malegaon blast, Mecca Masjid blast and other blasts are apart. In 2005 as well, a Delhi court had indicted officers of the Special cell of Delhi police for scripting a fake encounter. Moreover, it had even named officers who were kingpins of the draft.
One can guess with a write-up in Radiance (18-24 November 2012) titled “Gauri Bhonsle Hoo-Ha; Nation Needs Responsible Police Officials” cheapness of some fame hunger officers in police department. In that case, the police had mistaken an advertisement of a TV serial to a notice of missing girl and, thanks to its promptness, the department not only recovered the missing Ghauri Bhonsle who was in fact never missed but also come up with a “fiction” in their favour.
WHAT NEXT
The facts that some sections of the police department are prejudiced and that most of times they work to please their political godfathers are gospel truth. In fact, the politicisation of police department has contributed heavily to bifurcating the country on religious and communal lines. It is not new that the existing regulatory principles of the police department were enacted during the British rule with the aim to consolidate the colonial power in the country and now it needs major reforms as neither this is a colonial era nor the police duty is to safeguard interests of political masters. The need of the hour is to make the department positive for a democratic country. In this regard, the lead must be taken by a common man instead of relying upon bigwigs.
Rather than celebrating their honourable acquittal by the court, it is high time for both Tantery and Butt to sue the officers who had implicated them and tried to use them as a tool for their promotion. Of course, this is not a cake walk and all the facts in this regard are disappointing. But it has become unavoidable to take such steps in order to stop such occurrences from happening in future. There are several associations as well as individuals ready to help such victims and what is the need of the hour is to identify them and seek cooperation from them in an appropriate way.
DG Vanzara and several others are behind bars because the victims or kin of victims have claimed their rights in a court of law. This has surely taught a lesson or two to other officials but this alone is not enough. The citizens of India need to give up their attitude of surrendering to the given situation. Also, it will not be out of context to note here that our being self-centredness and apathetic to social and community affairs has encouraged some undesired elements in the police department.
