Need for Speedier Criminal Procedure
--Leena Mehendale
[CBI Bulletin, April 1999, Vol VII, No. 4]
In her police complaint Anjana Mishra alleged that the gang-rape on her was perpetuated as a part of Conspiracy involving the highest executives namely the Chief Minister and the suspended Advocate general of Orrisa. She demanded that since the investigating police officers may be pressurised by Govt., the investigation must be handed over to the CBI. In response the Govt’s first reaction was to order a judicial enquiry into the whole affair but the action was seen by many as the normal delaying tactics. Subsequently , the High Court of Orissa ordered that investigation will be done by CBI under their monitoring.
Even after four months not much progress in the investigation is made. It is high time to consider whether the main reason for this is that the emphasis by all enquiring and investigating agencies is on “the most grevious” of all the allged crimes, namely the conspiracy and involvement of the highest level govt. executive. This trend is not new. The investigation is generally concentrated around the “most grievious” crime. That is the tradition of last hundred years. But is needs to be changed now.
The need of the day is not to wait to collect all the evidence against Sahu for all his crimes. The need is also not to wait till the grand allegation of conspiracy against Anjana is unearthed / confirmed / rejected through the grand judicial enquiry committee set up by the grand state of Orissa. The need is to take the first step of starting the punishments for Sahu for whatever small crimes that have been admitted by him as of today and for whom many other evidence has already been brought on record. Let us learn from Niel Armstrong who proclaimed “one small step for a man is but one giant leap for the mankind”.
Let us look at the crimes alleged by Anjana, the victim of this gang rape. First she has alleged repeated gang rape by three people, Sahu and two others (whose identity is also known to Orissa Police and the villagers) continuously for four to six hours at gun point.
Secondly, she has alleged the hand of now-supended Advocate General of Orissa Mr. Indraj Roy and the CM himself. She has also alleged the complacency or apathy of the state police and her own advocate.
A third crime is also obvious. Sahu and his friend were keeping a revolver (which was used to threat Anjana and her copassenger)) without a licence. They also must have procured it through unlawful channels. Sahu has admitted that he and friends were having the revolver with which life threat was given and Anjana was made to succumb to the crime of rape.
So now, here is a culprit who admitted to have committed following three crimes:-
a) Raping Anjana which is a crime u/s 376(1) of I.P.C.
b) Possessing a revolver without a licence which is a crime under Sec. 25 of Arms Act and;
c) giving life threats to Anjana and her copassenger which is a crime under Section 506 of I.P.C.
What remains to be investigated still by the police is the larger criminality on part of Sahu, if it was a case of gang rape (punishable u/s 376(2) of I.P.C) and a still larger criminality if the rape was part of conspiracy arranged by “people in high positions”.
Then, why after so many days, Sahu has not been convicted for the first three crimes?
Because, even though our criminal procedure Code does not ask for delaying; (in fact it lays down that the case, as far as possible should be finished within six months), our grand tradition of delays helps our investigating machinery and the prosecution machinery and the judiciary itself for justifying delays. In present case of course the justification of delay is that the police and the judicial enquiry committee, want to find out all the possible angles of the crime.
We are sending a happy signal to all criminals of this country that the investigating, machinery will always like to find all angles of truth and since it takes eternity to really find out the ultimate and whole truth, therefore, they are safe till natural death parts them from this earth! Should we be sending such a signal or exactly the opposite?
It is, therefore, time for all law abiding citizens of this country and all women activists to educate themselves on the following question - in which way will the process of law and delivery of justice be vitiated if Sahu is tried, independently but speedily for the three crimes for which enough evidence is gathered by police. The protection of a “more thorough enquiry by police or judicial Commission into all aspects of the case” should not be available to him when he can be punished immediately for that part of the crime which he admits now. We should not grant him this protection which he will automatically get if we waited for all crimes to be investigated. If we give him that, we do it only at our own peril.
Let us look at the high court decision of the Jalgaon sex scandal case, where the high court felt that the evidence deposed by the victims before the sessions judge was not convincing enough. Let us look at the time gap between the date of crime in Jalgaon Sex scandal (sometime in 1993-1994) and the date of hearing and deposition before court (sometime in 1995-96) and also remember that this was one case which was speedily tried by appointing special court. Still it took two years for trial.
Ask yourself if you want a victim that she should keep alive all the nasty memories of a rape on her even after two years! Also remind yourself that most of the rape cases, come up for trial not in two but in five to ten years. Do we want a victim to keep brooding and killing herself again and again over the agony for two to ten years just so that her evidence before the court is “Impressive”? Don’t we wish the lady victims a speedy recovery from their sufferings so that they can take a fresh and hopeful look at life? Don’t we want them to get on with life? Do we want them to keep burning in their own hell-fire of suffering and agonising and seething impotently for revenge for years and years together till the society is generous enough to bring their case to trial by which time their only concern can be to be out of it as fast as possible?
Cr.P.C. provides that if Sahu is guilty of two crimes namely a rape and a gang rape, then he need not be tried simultaneosly and he need not be punished concurrently. He may be tried twice for two different crimes and be punished with separate term of punishment depending on which crime is proved. When the investigations were quicker, as in nineteenth century, there was some point in bringing the trials for all the crimes together when the incidence was one. But not now. Today we urgently need to reassure ourselves through some example, that our society can provide us speedy justice and thereby speedy relief from the criminals. For the sake of our own protection and guarantee and sense of security we need immediate steps to create a situation which ensures speedy starting of the trial against Sahu, u/s 376(1) of I.P.C. for rape against Anjana and similar speedy actions in other rape cases including trying out minor but related crimes separately if possibility of investigating and trying of them faster is higher.
Perhaps it is necessary to arrange some seminars and debates to discuss this point among the NGOs, judiciary, investigating agencies and eminent law experts of this country. It has become a matter of concern for every thinking citizen that crimes are not investigated speedily not tried nor punished speedily. In investigating and prosecuting crimes we have followed the criminal procedure code which is nearly 130 years old and the traditional procedure which was then found adequate, namely trying together all crimes that occured during one incidence. The experience of several years has shown us that such a procedure of going deep and thorough to investigate into all crimes in one go is proving detrimental to establish the criminality in even minor crimes, thus leading to a deterioration in the law and order situation. Surely this traditional method of insisting on hundred percent complete investigation is not effective any more. In many ways we have become a group of administrators who would not initiate fifty per cent action in the belief and hope that we must wait for hundred per cent preparation. Thus the “best” has become the enemy of “good and better”. We have to reverse this trend and start achieving atleast that which is achievable faster then trying to achieve something more noble after spending a long time.
Let us get together to work out such an alternative system.
Smt. Leena Mehendale
E-18,
D-I Type flat
Bapu Dham
San Martin Marg
New Delhi-110021.
Let us give ourselves a Speedier Criminal Procedure
(Another version, Pioneer (dt ??)
On the 9th of Jan., 99 Ms. Anjana Mishra was gang raped on the Bhubaneshwar - Barang -Cuttack road in the late night hours. There were two other eye witnesses to the incidence of the rape who have deposed before the police. Out of three alleged culprits, one named Sahu has already been arrested by Orissa Police as early as on 11th Jan. 99 and has confessed to his crime. He has also identified the site of crime as also confirmed by the two main witnesses, apart from Anjana, the victim herself. The medical report though only preliminary, and though outragously dilute has spoken about the possibility of rape. Now then, after the incidence and the confession, what should I, as a women and a citizen of this country (not to speak of my education, elite status and senior govt. office) wish to happen next?
Don’t I know and understand that as long as there is a single victim like Anjana and a single culprit like Sahu in the country, all women, including myself remain under the danger of a similar atrocity on them? Don’t I know and appreciate that as long as no speedy punishment is meted out to the culprit, the danger of more such crimes being perpetrated remains large in the society?
Don’t I know that society can advance or develop only when all its citizen are assured of some security against crimes and attacks?
Don’t I appreciate that every single day’s delay in punishing the criminal increases my propensity to fall a victim to the next crime?
Don’t the women in and around Barang village (from where Sahu hails) know and understand that as long as a verdict is not passed against Sahu there is always a chance of his being out on “Bail” and perpetrating similar crimes on them?
In her police complaint Anjana Mishra alleged that the gang-rape on her was perpetuated as a part of Conspiracy involving the highest executives namely the Chief Minister and the suspended Advocate general of Orrisa. She demanded that since the investigating police officers may be pressurised by Govt., the investigation must be handed over to the CBI. In response the Govt’s first reaction was to order a judicial enquiry into the whole affair but the action was seen by many as the normal delaying tactics. Subsequently , the High Court of Orissa ordered that investigation will be done by CBI under their monitoring.
Even after four months not much progress in the investigation is made. It is high time to consider whether the main reason for this is that the emphasis by all enquiring and investigating agencies is on the “ most grevious” of all the allged crimes, namely the conspiracy and involvement of the highest level govt. executive. This trend is not new. The investigation is generally concentrated around the “most grievious” crime. That is the tradition of last hundred years. But is needs to be changed now.
The need of the day is not to wait to collect ALL the evidence against Sahu for ALL his crimes. The need is also not to wait till the GRAND allegation of conspiracy against Anjana is unearthed/confirmed/rejected through the GRAND judicial enquiry committee set up by the GRAND state of Orissa. The need is to take the first step of starting the punishments for Sahu for whatever small crimes that have been admitted by him as of TODAY and for whom many other evidence has already been brought on record. Let us learn from Niel Armstrong who proclaimed “one small step for a man is but one giant leap for the mankind”.
Let us look at the crimes alleged by Anjana, the victim of this gang rape. First she has alleged repeated gang rape by three people, Sahu and two others (whose identity is also known to Orissa Police and the villagers) continuously for four to six hours at gun point.
Secondly, she has alleged the hand of now-supended Advocate General of Orissa Mr. Indraj Roy and the CM himself. She has also alleged the complacency or apathy of the state police and her own advocate.
A third crime is also obvious. Sahu and his friend were keeping a revolver (which was used to threat Anjana and her copassenger)) without a licence. They also must have procured it through unlawful channels. Sahu has admitted that he and friends were having the revolver with which life threat was given and Anjana was made to succumb to the crime of rape.
So now, here is a culprit who admits to have committed following three crimes:-
a) Raping Anjana whcih is a crime u/s 376(1) of I.P.C.
b) Possessing a revolver without a licence which is a crime under Sec. 25 of Arms Act and;
c) giving life threats to Anjana and her copassenger which is a crime under Section 506 of I.P.C.
What remains to be investigated still by the police is the larger criminality on part of Sahu, if it was a case of gang rape (punishable u/s 376(2) of I.P.C) and a still larger criminality if the rape was part of conspiracy arranged by “people in high positions”.
Then, why after so many days, Sahu has not been convicted for the first three crimes?
Because, even though our criminal procedure Code does not ask for delaying; in fact it lays down that the case, as far as possible should be finished within six months, our GRAND tradition of delays helps our investigating machinery and the prosecution machinery and the judiciary itself for justifying delays. In present case of course the justification of delay is that the police and the judicial enquiry committee, want to find out ALL the possible angles of the crime.
Are we sending a happy signal to all criminals of this country that the governing, machinery will always like to find ALL angles of truth and since it takes eternity to really find out the ultimate and whole truth, therefore, they are safe till natural death parts them from this earth? Are we wanting to send such a signal or the exact opposite?
Let all law abiding citizens of this country and let all women a
ctivists educate themselves and me on the following question - in which way will the process of law and delivery of justice be vitiated if Sahu is tried now, independently but speedily for the three crimes I mentioned above. Why should the protection of a “more thorough enquiry by police or judicial Commission” into All aspects of the case be available to him when he can be punished immediately for that part of the crime which he admits now? Why should we grant him this protection? If we do so, we do it only at our own peril.
Look at the high court decision of the Jalgaon sex scandal case, where the high court felt that the evidence deposed by the victims before the sessions judge was not convincing enough. Look at the time gap between the date of crime in Jalgaon Sex scandal (sometime in 1993-1994) and the date of hearing and deposition before court (sometime in 1995-96).
Ask yourself if you want a victim that she should keep alive all the nasty memories of a rape on her even after two years! Also remind yourself that most of the rape cases, come up for trial not in two but in five to ten years. Do we want a victim to keep brooding and killing herself again and again over the agony for two to ten years just so that her evidence before the court is “Impressive”? Don’t we wish the lady victims a speedy recovery from their sufferings so that they can take a fresh and hopeful look at life? Don’t we want them to get on with life? Do we want them to keep burning in their own hell-fire of suffering and agonising and seething impotently for revenge for years and years together till the society is generous enough to bring their case to trial by which time their only concern can be to be out of it as fast as possible?
Cr.P.C. provides that if Sahu is guilty of two crimes namely a rape and a gang rape, then he need not be tried simultaneosly and he need not be punished concurrently. He may be tried twice for two different crimes and be punished with separate term of punishment. When the investigations were quicker, as in nineteenth century, there was some point in bringing the trials for both or all the crimes together. But not now. Today we urgently need to reassure ourselves through some example, that our society can provide us speedy justice and thereby speedy relief from the criminals. For the sake of our own protection and guarantee and sense of security let us all demand immediate steps to create a situation which ensures speedy starting of the trial against Sahu, u/s 376(1) of I.P.C. for rape against Anjana and similar speedy actions in other rape cases. In this fiftieth year the Republic, let us give unto ourselve a Speedier Criminal Procedure
Smt. Leena Mehendale
E-18,
D-I Type flat
Bapu Dham
San Martin Marg
New Delhi-110021.
No comments:
Post a Comment