Akshay Azad
Jammu, July 3 : Defying the apex court guidelines, the Jammu and Kashmir Police have made a routine to put on display the accused persons to media branding them as culprits, only for getting media coverage and patting on their backs, even for routine works.
In December, 2011, the Supreme Court of India had ruled that "it is fundamental right of an accused to be presumed innocent and he cannot be held guilty on the basis of suspicion however strong it may be", but in total violation of apex court directions, there is growing tendency among police across Jammu and Kashmir, to put on display the accused persons before media persons, lessening the opportunities for the alleged accused to prove his innocence.
One such case of violation of apex court directions, came to fore at Police station Kathua on July 2, 2014, when a boy namely Pritam Singh son of Bajan Singh resident of Bhed Blode was shown arrested by a team of police station Kathua. Police claimed to have recovered four bags containing 36 kilograms of poppy straw from his possession and police put the boy on display, without even covering his face. It has also been reported that SP Kathua, Additional SP Kathua, DySP head quarter were present at police station Kathua and convened a press conference regarding seizure of poppy straw and arresting of accused boy. After the press conference the boy was appeared before media for photograph. Even in the press release, forwarded to media persons by police from the office of Senior Superintendent of Police Kathua, it has been stated that Bhajan Singh son of Tulla Ram resident of Bhed Balode and his son Pritam Singh were arrested and a case FIR number 226/2014 under section 8/15 NDPS act stands registered at Police station Kathua, against accused and investigation started.
When this correspondent contacted PS Kathua office on landline number, the police official on other side maintained that only one person Bhajan Singh son of Tulla Ram was arrested from his resident Bhed Balode.
When asked, "who is the boy on display", he replied, "the boy is Pritam Singh, son of Bhajan Singh, who was also arrested from his house".
When enquired about the age of boy, the police official maintained that he might be 20 years of age, but as per sources the boy is minor. "By displaying the boy before media persons, police has dubbed him as a criminal and police took the role of judiciary", a lawyer said, adding that it has become a routine in all Police stations across state, which was violation of even fundamental right.
President of Jammu and Kashmir Bar Association Jammu, MK Bhardwaj said that it was also the violation of Article 21. "A man is presumed to be innocent till his guilt is proved by law is the principle but putting on display the accused, is total violation of laws", he said. Moreover, as per judgment of apex court given in December 2011, in a vcase of ablaze in December 1992 in Assam, the apex court had observed, "It is one of the fundamental principles of criminal jurisprudence that an accused is presumed to be innocent till he is proved to be guilty. It is equally well settled that suspicion howsoever strong can never take the place of proof," a three judge bench headed by Justice Dalveer Bhandari said.
Moreover, in Rajendran Chingaravelu vs CIT, the Supreme Court held: "There is...a growing tendency among investigating officers (either police or other departments) to inform the media, even before the completion of investigation, that they have caught a criminal or an offender... Premature disclosures or 'leakage' to the media in a pending investigation will not only jeopardise and impede further investigation, but many a time allows the real culprit to escape from law."
"Action is warranted against the seven police personnel including an Assistant Sub Inspector, Senior grade constable, constable and few other police personnel, who were found smiling before the media, putting four bags in their front and projecting Pritam Singh,", a lawyer said. When contacted Senior Suprintendent of Police Kathua, Mohan Lal said the boy might be a major so was put on display. He further said that he would enquire the matter and if warranted, action would be taken against the involved police officials, who put the accused boy on display. |
