Police Reforms; De-Link investigation from Law and Order: Karnataka HC [Read Judgment]

The authorities need to seriously think of bifurcating investigation from regular law and order and thus enhance the credibility of the investigation. This would indeed drastically cut down the crime, the Court said.

The Karnataka High Court has directed the Government and Police department to seriously think of forming an Expert Committee to scientifically work out the allocation of work of each police station defining the territorial jurisdiction, staff strength, de-linking investigation from law and order, establishment of an excellent Training Centre here at Bengaluru, and also opening of new police stations at the earliest.

Justice A.V. Chandrashekara made this observation while disposing of an anticipatory bail application preferred by a hotel owner who was accused of employing minor children in his hotel. On seeing the FIR No. as 1938/2015, the court observed that 1,937 cases of various types had been registered in Madivala police station this year. The bench said, after seeing the volume of work in Madivala police station, it is worried as to whether the police personnel could really conduct an effective, thorough and timely investigation of the cases registered in the year 2015 and those criminal cases of earlier years in which investigation is not yet concluded.

The court also took notice of the fact that the total number of cases registered in the police stations of seven subdivisions from 1.1.2015 up to 30.11.2015 is 44,294 and the total sanctioned strength of the police personnel of 105 police stations of Bengaluru City is 9,601 and the actual working strength is only 6,914 resulting in 2,687 vacancies.

The court made following observation thereafter;

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  If there is no effective, thorough, dispassionate and timely investigation, it would be very difficult to prosecute the cases before the criminal courts and the inevitable consequence is that even in cases of grave offences, courts will have to acquit the accused. Because of this, many a time police officers feel being let down and their morale will come down.

  
  
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  Investigating a criminal case is not an easy or an ordinary work. It requires thorough professionalism and professionalism can be achieved only through effective training. Many offences have become hi-tech, in the sense that mobile phones and electronic devices are used to hatch conspiracy and messages are sent through SMS and e-mail

  
  
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  The authorities need to seriously think of bifurcating investigation from regular law and order and thus enhance the credibility of the investigation. This would indeed drastically cut down the crime.

  
  

The court also referred to State of Gujarat vs. Kishanbhai([2014] 5 SCC 108) and also said it is optimistic that the authorities concerned would do their best to galvanize the existing policing in Bengaluru and also do such similar exercises stage by stage in the State also, which would not only enhance the credibility of the system, but will also instill more confidence in the mind of the public.

Read the Judgment here.