Lawyers For Human Rights International

The role of Central Bureau of Investigation in investigating cases of human rights violations in Punjab has been most shady to shield the guilty policemen. It has acted in an appalling manner, making a mockery of the entire criminal justice system. With the poor quality of investigation and serious lapses committed by it during preparation of challan, it has experienced embarassing situation more than once, when the courts granted bail to the accused policemen or even acquit them for lack of evidence. In many cases, it simply filed untraceable reports, showing its incompetence thereby betraying the confidence reposed in it. Its prosecution is too favourably disposed towards the offender. Even the tale of police excesses in Punjab have failed to make the agency sensitive and diligent enough to investigate and prosecute fairly. Resultantly, the CBI has come out as merely a toothless, diseased paper tiger whose roar is more effective than its maul. How lackadaisical is the CBI conduct can be gauged from the fact that in all cases filed by CBI against the police officers in Punjab, bails have been granted to the accused policemen. Terribly enough, very lenient sections of Indian Penal Code are framed against the police personnel accused of most heinous crime of fake encounter, forced disappearance and summary execution enabling them to easily go out of the bounds of law. The Lawyers for Human Rights International feel that most of the challans presented by the CBI in the courts relating to fake encounter or disappearance of

EDITOR’S NOTE

Though human rights today assume great significance and necessity and though violations of human rights and unlawful acts are denounced even beyond the frontiers of the countries where these occur, the performance in the path of protecting and safeguarding human rights has, nevertheless, not been encouraging in India and it has acquired only a theoretical legitimacy. Indian Constitution guarantees inalienable human rights to its citizens, these rights are not fully enforced by Indian Government while dealing with internal conflicts, agitations, political unrest and terrorism. The growing lawlessness among the State agencies and failure of the justice delivery system has deprived many people of their basic human rights. Violations of human rights by the State has become an order of the day. Scant regard is shown by the State or its agents to the judgments of the Supreme Court or High Courts. It would not be gainsaying the fact that the society has been put to great jeopardy. It has been found that most of the cases of human rights violations go unreported and unredressed for lack of education and awareness among the people about their rights and the redressal mechanism from where they can get redressal. Helpless people very often choose to compromise with their sufferings with no ray of hope in sight. State sponsored human rights commissions have awfully

In India where rule of law is inherent in each and every action and right to life and liberty is prized fundamental right adorning highest place amongst all important fundamental rights, instances of torture and using third degree methods upon suspects during illegal detention and police remand have become quite common. Use of excessive force and exceeding lawful authority by police usually causes custodial death. If torture of a suspect during police custody is a crime, causing death by beating in police custody is even more heinous crime and a most deplorable act. Custodial death is perhaps one of the worst crimes in a civilized society governed by the Rule of Law. The rights inherent in Article 21 and 22(I) of the Constitution of India require to be zealously and scrupulously protected. The sad part of the story is that the force which is supposed to protect the life and liberty of the citizen when behaves inhumanly and perpetrate crime it encourage lawlessness and breeds contempt for law.

Custodial violence is indeed a matter of great concern. Thinking of the pain and trauma that a victim suffers due to torture, the protection of his life and liberty from such inhuman treatment becomes the most sacred duty of every organ of justice delivery system. In custodial crimes, not only the infliction of body pain is worrisome, but also the trauma and mental agony which a person undergoes within the four walls of police station or lock-up. Whether it is third degree