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RE: Proposals for restoring law and order





Charudatt <charu@iced.com> wrote:

"I also believe that it is time to root out the use
of torture in all police investigations. As far as I know, the use of
torture is routine in Indian police work."

Charu, thanks for bringing that up.  In a democracy the police cannot
use excessive force on citizens let alone torture.  That torture today
has become a SOP (standard operting procedure)in India, illustrates
the degeneration of the police force and the seriousness of this
problem.  It is going to be a heck of a task to change and bring in
the right democratic culture.

Apart from trained police we need trained attorney generals
(prosecutors) an institution that India does not have.  Government
prosecutors who are rightly trained are a big constraint on the police
as the police has to report all arrests to the attorney generals
office.  The attorney generals (and his deputies) as lawyers are
likely to honor constitutional rights as producing all arrested
persons before a judge or a magistrate, than an unaccountable police
inspector.  Any evidence of torture means that charges against the
accused will be immediately dismissed by the judge and an order for
release will be issued.  
Additionally we must separate custody and prison systems from the
police.  Once an arrest is made the police hands over the accused to
the "custodian" or the Sherif as it is called here.  Most sherifs are
elected. They and not the police should be "holding" the accused.  The
attorney general decides if the charges made by the police are based
on proper evidence, and they not the police have the power to file
charges.  
You see how by segregation and dividing police responsibilites and
powers you can create a reasonably just system.  Once again remember
these "systems" are already there for us to study and implement.  
The manifesto must clearly state that torture by police or anyother
human being or institution will be a crime against humanity and people
indulging in such crimes shall be prosecuted accordingly.    Regards,
Kush Khatri,  D.C.


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