More hard work, say cops

AHMEDABAD, April 28: Mahendra H Luhar of Rajkot was put behind bars in a murder and robbery case though the actual accused was his brothe...

AHMEDABAD, April 28: Mahendra H Luhar of Rajkot was put behind bars in a murder and robbery case though the actual accused was his brother Ratilal. This happened because when Ratilal was arrested for the offence in June 1984, he said his name was Mahendra and was acquitted. The acquittal was then challenged in Gujarat High Court, which convicted the accused.

Since Ratilal had given his brother Mahendra8217;s name, the police produced the latter in high court. Being confused, Mahendra did not say anything to the court in June last year and was sent to jail. However, Mahendra then filed a petition and the court set aside its the conviction and ordered his release. Ratilal will be tried afresh.

Following this case of mistaken identity, the high court had on February 5 directed, among other things, that the photograph of the accused should be affixed to the charge-sheet and be made part of trial papers. But has that happened?

Home secretary K. Nityanandam said that following the court directions, the home department had asked the director-general of police DGP to implement the directives. He, however, said that taking photographs of each and every accused would pose a 8220;logistics problems8221; to the police department.

Till now, photographs of accused were kept only in what is known as the main crime record MCR card, the police department8217;s internal record system.

DGP C.P. Singh said that all district superintendents of police DSPs and police commissioners had been told to follow the court directives. But several deputy commissioners of police DCPs in the city said that they had not yet received such a circular.

Said Ahmedabad Deputy Commissioner Zone V S. Srivastav, 8220;I am not aware of it.8221; The deputy commissioner in charge of Zone I, T.S. Bisht, said he, too, hadn8217;t received such a circular. It was the same with Deputy Commissioner Zone IV V.K. Mall and Deputy Inspector-General crime M.O. Khimani.

Story continues below this ad

In places where the order is being implemented, police officers are feeling the pressure. A police officer of Vadodara city said, 8220;Earlier, we had to take photos in cases where accused is involved in serious offences like murder or dacoity. But now we have to take picture of even those arrested for violating prohibition law. The trial courts do not accept the charge-sheet unless the photos are attached.8221;

However, the greater difficulty is with old cases for which the charge-sheet is to be filed now. 8220;We have to go looking for those persons. This is extremely difficult,8221; said another police officer.

The new directive 8212; for keeping innocents from being put behind bars 8212; means more work for the police. And for the photographers hired by police, it8217;s good business.