General observation of the State High Court is that most of the criminals who are prosecuted under law for crimes they are alleged to have committed, escape scot free. This is not a healthy trend. The law of the land stipulates punishment for various crimes. This punishment is essentially meant to be a deterrent to others who might be inspired to commit similar crimes. But when the criminal is set free without being punished, that sets a bad precedent and others are encouraged to go on committing crimes with impunity.
The State High Court has observed that the most important and glaring reason for acquittal of criminals is the defective investigation by the police into the crime. The State police do not have qualified and trained investigative mechanism to fix responsibility and prosecute the culprits strictly in accordance with the law. It was in this background that the High Court had directed the Director General of Police about creation of at least 200 posts of ‘Investigating Sub-Inspectors’ for effective probes to ensure that criminals don’t go scot-free. We learn that the DG has done his part of the job and submitted the proposal in accordance with the directions of the High Court to the Home Department. The entire matter has got stuck up at the level of Home and Finance Departments. A source disclosed that the scheme involved huge financial commitment which the Government is unable to make. As such the matter is pending with the Finance Department.
This is a serious matter. The question is that there are certain loopholes owing to which acquittals of criminals take place on a large scale. In the first place we have militancy – related crimes on a wider scale in the State. Secondly, we have not sufficiently trained police cadres who know the scientific methodology of investigating criminal cases. The net result is that the courts are unable to deliver judgment that would uphold the spirit of the law of curbing crimes in the State. The High Court has suggested a way out of recruiting 200 Investigating Sub-Inspectors. The Court has laid down the minimum qualification for the candidates for these posts and has also given the roadmap of their recruitment and deployment. This is a well considered scheme given by the High Court.
The Government shall have to find ways and means of creating the posts and filling these in accordance with the directives. This has to be part of Police Reformation scheme for which the Centre has been financing. If justice is to be done, it should be done without grudge and without laying obligation on anybody. It is the natural process that a fair and faultless investigation is conducted and the facts disclosed to the best of the ability of investigators.
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