A court’s sympathy with the police

A trial court in Delhi has said that FIR should not be filed against police officers on mere flimsy and weak ground because it would entail serious consequences on their career and at last might ruin their career. Additional Sessions Judge Virender Bhat gave this opinion when a resident of Delhi complained that when in July he along with a relative was returning home after attending a wedding, an SHO stopped their car and asked for their vehicle’s papers. Later on he and his associate were compelled to drink liquor and assaulted inside lock-up. The complainant wanted the trial court to issue direction to lodge an FIR against the SHO and an ASI. But the judge rejected the man’s plea. The learned Judge also said, “Such an order paves the way for arrest of the police officers and their suspension. Their career gets adversely affected and no compensation will be adequate if later on they are absolved of the charges.” (The Times of India, November 12)

The concern is commendable

This concern of the learned Judge over the career and future of police personnel is respectable and commendable. Although legal and Constitutional provision says that courts should base their decisions on merit whosoever the parties might be; further that they should confine themselves to the requirements of law, for the responsibility of career and future of citizens rests with the government. For the last some years it is being observed that courts of law are passing remarks even in view of social and economic aspects; commentators call it judicial activism. While many are against it, some are also in favour of it. As our judges are part of society, their concern might be called proper. However, the expression of this concern and worry should not be only about police personnel and government officers, rather about all citizens. Isn’t it true that in certain cases policemen register FIR against common citizens on flimsy rather absurd grounds, then cases linger so much so that the career and future of innocents gets ruined, the compensation of which is not possible even after their acquittal.

Here the case is rather serious

And this situation is rather serious as far as Muslims are concerned, particularly in regard to the allegations of terrorism. Muslims are picked up on flimsiest doubts – especially the youth who are busy in some faculty of education to prepare for settling their career so that they might make their and their families’ future better and secure. But their undue, unsubstantiated and baseless detention and arrest ruins their and their families’ future. Then this colossal loss cannot be compensated even if they are acquitted in some cases. Not only this, every arrest of this kind shocks the entire Muslim community; the web of doubt is further widened. – The sympathy of the learned Judge of Delhi with policemen and other government officials is well and good; we support it; but how well and good it would be if judges issue orders for moral training of policemen and tell them that as they feel grieved at the very idea of ruination of their career and future following FIRs against them, similarly darkness hovers before the eyes of innocents and the members of their families (if they are arrested on concocted charges).

19/ 11/12 khabar-O-Nazar by Parwaaz Rahmani, sehrozaDAWAT, translated by: Abu Yusuf