To Punish or Not, That is The Question After Aarushi Verdict

Aarushi case highlighted the need to train police & judicial officers to meet basic standards of professionalism.

Aarushi Talwar was killed in May 2008

(Photo: Harsh Sahani/The Quint)

Criminal justice scholars and practitioners alike should closely scrutinise the Allahabad High Court judgment in the Aarushi case. I will be surprised otherwise. Amid the cacophony of the high decibel debate, one important aspect of the episode seems to have been ignored.

The HC has pointed out several commissions and omissions on the part of the actors – the UP Police, CBI and the trial court – involved in the denouement of what will go down in history as an avoidable crime.

The question that has been asked by a few enlightened commentators is whether those who had been found guilty of a dereliction of duty by the HC would be made to pay a price or not. I am reminded of the controversy surrounding the Priyadarshani Mattoo case, where also a few officers failed. To this day, I don’t know whether any action was taken in the policemen in that investigation. In that case too, there was the charge that the chain of custody of material evidence had been disrupted – a principal accusation against the UP Police in the Aarushi case – when the Delhi Police handed over the material to the CBI.

Also Read: Trial Judge “Unmindful of Law”: HC Tears Apart Talwars’ Conviction

• One important aspect of the Aarushi-Hemraj double murder case seems to have been ignored
  
• Prima facie, there is nothing to suggest that any public servant acted mala fide or had any personal agenda in the Aarushi case
  
• The principal concern here should be to train police and judicial officers to be prudent and professional
  
• An absence of ideas and dedication at senior levels that has caused the rot in policing system
  
• Aarushi judgemnt should be translated into regional languages to get the message across to all state police

Nothing to Suggest That Any Public Servant has Personal Agenda

The HC’s broadside has been rather caustic. Only a greater scrutiny of the judgment and the apex court’s views thereon (if any appeal by the state is preferred), will establish whether the indictment by the HC was justified or not. That is for another day.

Prima facie, there is nothing to suggest that any public servant acted mala fide or had any personal agenda in the Aarushi case. This is gratifying to know. In the past, some policemen and subordinate judges had raised suspicion of misconduct in many important cases across police forces. Till now, no such doubt has been raised in the Aarushi case. I am all for severe action – both departmental and criminal – against an official who had been downright dishonest. But if he had been merely negligent or had displayed only a condemnable lack of care, he does not deserve a criminal prosecution.

The invoking of Section 304A of the Indian Penal Code seems unmerited and even ridiculous. Not many know that many government staff actually prefer to be taken to the court rather than be dealt with departmentally. This is because of the higher standards of proof of guilt and wanton neglect of duty required in a court .

Also Read: Trial Court Judge Acted like Film Director in Aarushi Case: HC

Principal Concern Should be How to Train Police and Judicial Officers

Thoughtless prosecution of a civil servant has resulted in the latter going scot-free, despite reasonable certainty that he had ignored standards of professionalism and care. This is the stand I would take in handling the categorical indictment of the three sets of actors mentioned in the Aarushi judgment.

The principal concern here should be how to train police and judicial officers in the country so that they are not only prudent but also meet basic standards of professionalism.

This is easier said than done. I am not competent to talk about the training imparted to the judiciary. The popular impression is that it leaves a lot to be desired. I hope this is wrong, considering the fact that several good academies have sprung up in the recent past.

Also Read: Aarushi-Hemraj Murder Case: Here Are Those Involved in the Mystery

Absence of Ideas and Dedication at Senior Levels Caused the Rot

I am more worried about the quality of police training. Barring the National Police Academy (NPA), Hyderabad – which trains IPS officers and a few state police training colleges – the shaping of police recruits by other institutions has been woefully inadequate. It has been perfunctory and a comical ritual. The accent is mostly on physical fitness. Imparting of knowledge of law has been too nominal. This has to change quickly if the reputation of the Indian Police has to be salvaged.

This is one area where senior police officers belonging to the IPS cannot blame the political class. There is no longer any shortage of funds. It is the absence of ideas and dedication at senior levels that has caused the rot.

Finally, I would plead for a serious study of the Aarushi judgment by policemen at all levels – including the Constabulary. That would greatly help police investigators circumvent the pitfalls. The judgment should be translated into regional languages so that the message goes across the State Police in all regions. Nothing else would work to repair the damaged caused by the Aarushi judgment.

Also Read: No One Killed Aarushi? 5 Unsolved Mysteries in the Double Murder

(The writer is a former a CBI Director. This is an opinion piece and the views expressed above are the author’s own. The Quint neither endorses nor is responsible for the same.)

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