Second thoughts over third degree methods

Giving an accused who has been detained the third degree8217; torture treatment is by far the most common charge levelled against the police, in particular, the Mumbai force. Public prosecutors of the city8217;s Sessions court cite several cases of detenues being put through thewringer before being brought to court. None less than the Chief Justice of India, Dr A S Anand, himself had alluded to police brutality at a recent seminar held in New Delhi on Torture: A Challenge to the Health, Legal and Other Professions:8220;Increasing incidence of torture and death in custody have assumed such alarming proportions that it is affecting the credibility of the rule of law and the criminal justice system.8221;

Dr Anand also cautioned the police against the use of the third degree, pointing out that it would breed contempt for law and anarchy. Counter the police, talk about the alleged inhuman treatment meted out to criminals ignores the innumerable pressures they function under and the state8217;s neglect towards their grievances. 8220;Our legal system is weak and loaded against the police. The presumption that the accused is innocent till proved guilty has played havoc. Would it not be prudent on the part of the Honorable CJ to look at the legal system first?8221; fumed former Director General ofPolice, Maharashtra, D S Soman. Some officers do indulge in third degree, he admitted, but 8220;it is not so rampant as it is projected to be8221;.

There is a shortage of police officials at almost all levels, added Soman. 8220;The police are expected to deliver results palatable to those in power in a short period of time. And citizens then expect the police to deal with the accused harshly,8221; he complained. 8220;We are expected to be on duty for 24 hours. If we are able to get recruits despite this and the paltry salary, it8217;s because of the poverty and unemployment in our country,8221; felt the former DGP.

A high ranking police official admitted that third degree is resorted to in a bid to extract evidence or confessionals because of the 8220;sheer pressure to perform, lack of time, shortage of staff, of having to deal with several cases at a time and of having to deliver results.8221; He added, 8220;Our modes of crime detection are outdated. There are no scientific aids. The ballistic methods are outmoded: for instance,there8217;s no computer system that can tell when a particular weapon has fired.8221;

A separate cell for crime detection should be set up, suggested the official. 8220;And it should not be included in the law and order section. Most of our manhours are spent in ensuring that bars close on time, arresting the growth of prostitution, at bandobasts for innumerable dharnas and demonstrations and most importantly, in VIP security. This is not real policing.8221;

The official also faulted the 8220;crumbling judicial system8221;. 8220;I can cite any number of names who have as many as 40 crimes against them and yet are out on bail. Our procedural laws must change,8221; he emphasised.

Commented D Shivanandan, Joint Commissioner of Police, Crime, 8220;If the CJ has spoken about third degree treatment, there must be some truth in it. In that case, it must stop.8221;