Union Home Secretary R.K. Singh has raised a crucial issue which is of serious concern to entire Indian civil society. The issue, in its essence, is which of the two deliveries should have precedence, law and order or justice? He was very candid in stating that the states have usually given precedence to law and order over delivery of justice. According to him, states have miserably failed in providing justice to the people of India despite the fact that the Constitution guarantees quick justice. He was speaking at a function organized by the National Institute of Criminology and Forensic Science in Delhi.
This seemingly simplistic statement of a responsible bureaucrat of the Home Ministry merits open and unbiased discussion in public. Put in simpler words, the Home Secretary contends that governance is politicized in the name of maintaining law and order in the country and in the process, justice is either ignored or dismally delayed. This leads to imbalance in governance and violates constitutional rights of the people of India. Political commentators have been often heard saying that there is much interference in delivery of justice in our country. In the name of maintaining law and order, announcement of judgement in criminal cases is procrastinated endlessly until the entire matter wears out and fades away from the memory of the people. Giving an example of how cursorily states take the matter of delivery of justice, he said in many states, the submission of forensic report in a criminal case takes two or even three years to the judicial authorities. These so-called laboratories have not even the basic equipment leave aside sophisticated paraphernalia that enhances efficiency and delivery.
“We need professionalism in investigation. Scientific investigation to any case is something we are still aspiring for. Most police stations do not have even the basic equipment and kits for even lifting fingerprints. The scientific investigation is a far, far cry. Unless we take steps in professionalising our investigation, we will not be able to deliver our justice,” he said. The question is why is this sordid state of affairs prevailing in our country when we claim that we have an egalitarian society and are guided by democratic principles of governance. The simple answer to this question is that we have politicised all institutions of the state and subjected delivery of justice to erroneous vision that law and order should supersede justice in the state. Politicians want to remain in power at any cost and protect their sources of power by subverting the agency that is required to deliver justice to the grievances of the people. Whenever a diehard criminal or a dreaded terrorist is brought to book, circumstances are created countrywide to scare justice delivery mechanism that by pronouncing punishment to the accused, law and order will be disrupted. Therefore the escape route is found in delaying or denying justice, procrastinating judgment and leaving it in limbo. Millions of court cases are pending in Indian courts for want of cognizable evidence and there appears no hope that these will be dispensed with that soon.
The situation is much more alarming in our state. Owing to militancy for more than two decades, the work of police justice delivery system and civil courts has increased manifold. Thousands of cases related to one or the other aspect of ongoing militancy are pending partly with the police authorities and partly in the courts. Most of the time of police authorities and judges in the court is consumed by these cases leaving little time for delivery of justice to the deserving citizens. Various Acts supposed to provide transparency and efficiency are there on the paper, what is important is their application in letter and in spirit. There is a big difference in enacting a law and in enforcing that law. In any case, our state should take due notice of the issues that have been raised by the Home Secretary. Justice delivery system needs to be brought under scanner and even it would be in fitness of things if the Government constitutes a committee to suggest improvements in justice delivery system in the state. Our police stations need to be equipped with all necessary paraphernalia that makes justice delivery system faster and more transparent. Law and order does not improve by looking for a safety valve only. Real law and order comes from enforcing the law. We often hear of “amnesty” granted to even the criminals at the end of the day. Such law and order is only superficial and holds the Government a hostage. We have to be honest and frank in saying that our police and justice delivery system need reforms which should come now.
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