There is widespread political influence in the investigations carried out by Police: M.G.A Ramen

Shri. M.G.A Ramen
Photo:  www.shareandcarefoundation.net 

Shri. M.G.A Ramen is a 1972 Batch Kerala Cadre Indian Police Service officer who retired in 2009 as Director General of Police. As an I.P.S officer, he worked in various capacities throughout the state, awarded the President’s medal twice for his meritorious and distinguished service to the country. Prior to his law enforcement career, he was a Lawyer based at High Court of Delhi with Senior Advocate G.C Sharma.
Given below is the transcript of his interview with Nebil Nizar and Joseph MD.

1.      What is the role of police in modern society?

M.G.A Ramen: In any society, the role of Police is to do service for the Public. Police should improve relations with the public. British Metropolitan Police and their relations with the Public is a good model. In India, no one prefers to go to a police station. Colonial mindset of the Police as well as Public should change. Police need to change and take initiative; slowly and gradually, the Public will follow.

2.       What do you think on the new face of Police- People’s Police? Whether it will change the impression of Police among the common man?

M.G.A Ramen: Police- People relations have become better in cities, but it is not so in rural areas. They still see the Police as the same suppressive police force of British Raj. When I was Director General of Police (Prisons), I used to go and interact with inmates of Jails to understand their problems. All these helped in reforming them.

3.    What is the purpose of a Jail? Reform an inmate or to isolate him from the rest of the society?

M.G.A Ramen: A person when convicted by the court is sent to Jail. My theory is that they have been sent to their house. It is my duty to see that they are looked after properly. I have taken lot of steps in this regard to see that they change their attitude. To that extend my behavior to them was quite different from any normal Police/ prison official. My attitude was human. I believe absolutely in Reformative theory.

4.      Reports of attacks towards the prison officials by inmates are hitting the headlines. Media alleges political prisoners behind these attacks.  Would the Political backing of the prisoners be a threat to the atmosphere and security of the officials in the prison?

M.G.A Ramen: The convicts having political patronage indulge in all these activities. They have a feeling that whatever they do, they can get away with it. The attack on prison officials has been done by those political convicts who has been enjoying freedom for quite a long period.  They lost all their freedom when they were shifted from Kannur Jail to Veyoor Jail.

5.      It is alleged that Police is supplying information to media houses to sensationalize certain cases. Whether Police is also a part of media Trail?

M.G.A Ramen: In the good old days, there was secrecy in the Police Force, but today officers are not so. They are now loyal to the changing Political parties in power and have no loyalty to the uniform. Welfare of Political parties is looked into today. Beyond reasonable doubt, I can say that Information is passed on to media by interested persons in uniform.

6.       Whether Political interference is affecting investigations carried out by Kerala Police?

M.G.A Ramen: Yes, there is widespread political influence in the investigations carried out by Police. Usually a Political party after committing crimes like murder for Political ends gives a list of persons who should be charged. Usually persons from the said list are charge sheeted and arrested by the Police and amongst them few are convicted. It is a fact that most of them are innocent. Unfortunately, this had been a trend for quite long until the TP Murder case. I am happy with the progress of TP Chandrashekaran murder case and the Police is actually working freely after a long time.  History of Kerala Police maybe studied as Pre- T.P Chandrashekaran Case and post TP Chandrashekaran Case.

7.    Recently media published the list of 520 Officers of Kerala Police, having criminal nexus. Whether the Police are really criminalized? What are the reasons for increase in the number of criminals within Police Force?

M.G.A Ramen: This is a very sensitive question. Just because a case is registered, a person cannot be seen as a criminal. Similarly, Police officers involved in Lockup deaths cannot be called criminals. I will say that it is unfortunate.

Merely because a case is registered, a person is seen as a criminal, then today almost all political personalities have to be seen as criminals.

8.        Recently Kerala Home Minister Thiruvanchoor Radhakrishnan mooted the concept of amendment to IPC and Cr.P.C to protect the interest of Investigation Officers. The amendments have been suggested in the background of the recent threats held out to police officers probing the T.P. Chandrasekharan and Adbul Shukkoor murder cases. What do you think?

M.G.A Ramen: No comments.

9.       Whether Police Associations are functioning properly in Kerala?

M.G.A Ramen: Police Associations are being focused on Individuals and in reality, no effective ends are obtained and only individual ends are achieved. Officers started to take credit and only focus on enriching their career. I am very much sad to say that associations are not working properly and are more political oriented like the other service organizations (NGO Association and NGO Union).

10.   CM speaking at National Conference of Women in police organized by Bureau of Police Research and Development, said that women would soon be considered for the post of SHOs. He even added that direct recruitment of women as Sis is on the avail. Do you think that women officers would be able to control ‘law and order’?

M.G.A Ramen: It is good. They must be ‘police officers’ and not ‘women police officers’.

11.   Shashi Tharoor now moots the concept of conducting a separate examination to recruit people into Indian Foreign Service. Do you think that UPSC must conduct a separate exam for Indian Police Service?

M.G.A Ramen: I do not subscribe to the idea of conducting a separate exam for Indian Police Service. All India Service exams must be conducted together.

12.   What is your opinion on the new concept of separation of ‘Law & Order’ and ‘Crimes’ in Kerala Police on the lines of Police in Developed Nations? Is that practical in Kerala set up?

M.G.A Ramen: The separation of the Powers into ‘Crime Branch’ and ‘Law and Order’ has been followed from long back. It is definitely practical. The Government in order to prevent law and order headache place all the good officers in ‘Law and Order’. The result is that Crime Branch and Special Branch suffers badly. Further there are very good officers who are not loyal to the political parties, who are denied good postings by the political masters.

13.  Are you optimistic that the present system will change?

M.G.A Ramen: A time definitely will come when the change has to take place. People will to certain extend tolerate injustice, but not for indefinite period. Police has to be given more freedom and then only efficiency will take place. As today persons with political connections in majority of the cases get justice. This loyalty to political parties has to change. Police has to be given more powers and freedom to work. Until and unless the officer thinks about his work over his chair, the present system will not change. If you believe in your work, then positions will come to you. I got huge satisfaction especially from my three and half years as DGP (Prisons) and those memories will always be cherished by me.

The Rule Of Law And The Rule of Life

Justice Vaidyanathapuram Rama Iyer Krishna Iyer
Photo: www.supremecourtofindia.nic.in

By Justice V.R Krishna Iyer

The rule of law to be worthy of lawyering must run close to the rule of life. A humanist jurist can be truly great only if it has a spiritual illumination. So much so, students of law must have a course in the moral well-being of society in the peaceful non-violent world for the happy survival of humanity. Our constitution in its preamble has emphasized truth and integrity, social and economic justice and the little man’s rights to caste his little vote with the decisive voice in the long run so as to insure a socialist secular society. This is the true tryst with the destiny India has made when it became free.

The Constitution, which is our paramount law, has in its very preamble emphasized the soul of our culture the values for which Bharat Republic stands. No Indian is a luminous patriot unless he is inspired by the basic substance of Socialism, Secularism, Democracy in their egalitarian, materialism and spiritual luster. No one-no lawyer or educated being is truly so unless he understands that education is the manifestation of the perfection in Man. Nor is he honestly religious, Bible and Koran nor Vedas   apart, unless his being is luminous with universal divinity of all high faiths. This vision of omnipotent Religion must be the fundamental rule of law and taught to every student as integral to Law, Justice and World unity and peace. Students of justice, justicing and jurisprudence sans this learning is not humanist or members of global cadre. Man, if he be truly divine, must realize that justice is above all material assets and wealth. Fiat  Justicia  Ruat Cealum. He lives as a member of the universe never in isolation. We toil foe others as that is our mission.

To argue that socialism as an anomaly, is an unconstitutional submission. Indeed, the Preamble itself which is an integral part of the constitution must emphatically declare all the ingredients of socialism .The amendment specifically mentioning socialism is itself supererogatory. Sans the word socialism the thrust and meaning of the provisions of the constitution can leave no economist, no jurist in doubt that the Republic created is one of the economic justice, which is another word for socialism. Indubitably, India is a Socialist Nation. It is not worthy that a strong Bench of Supreme Court, speaking through Justice D.A.Desai had interpreted the constitution is a socialist one and held further that pension are not gift or charity but unearned income based on the theory that India is a Socialist Republic. This is the dream of our destiny and the command of our finer future for survival.

“The service of India means the service of the millions who suffer, it means the ending of poverty and ignorance and disease and inequality of opportunity. The ambition of the greatest man of our generation has been to wipe every tear from every eye. That may be beyond us but as long as there are tears and suffering, so long our works will not be over”  (Nehru)

(Dr. V.R Krishna Iyer, eminent jurist, is a former Judge of the Supreme Court of India)

Corporatization of legal education must not be allowed: Dr. Mohan Gopal

Prof. (Dr.) G Mohan Gopal
File Photo. Photo: B Pradeep Kumar

By Sudheer

Prof. Dr. Mohan Gopal is presently Director, Rajiv Gandhi Institute for Contemporary Studies (RGICS).  Dr. Gopal was Director of the National Law School of India University, Bangalore (2000-2003). Dr. Gopal taught law at Georgetown University Law School, Washington, DC for nine years as an adjunct professor (1991-2000). Dr. Gopal served for over 18 years at the World Bank in Washington, DC where he became Chief Counsel in the Legal Department of the World Bank. Previously, Dr. Gopal served from 1980-83 as a legal counsel at the Asian Development Bank in Manila. Dr. Gopal has also taught law for three years at the National University of Singapore.
Dr. Gopal holds a masters and a doctorate degree in law from Harvard University (Harvard Law School), USA and a bachelor's degree in law from Delhi University.

1.       What is your opinion on the infiltration of Corporate management into areas including legal education? What would be its consequences?

Dr. Mohan Gopal: The Corporate Universities in Delhi and Ahmedabad gives degrees in various branches including Law. The fee there is whopping 30 Lakhs. Apart from that, a matter of great concern is the influence of corporate management in legal study. It is likely to effect justice administration. Graduates from corporate colleges would normally be inclined more towards ‘corporate’ rather than general public. The system for safeguarding justice will no longer be there.  Law must be impartial. There must be a Bar Council working for the upliftment of poor and must give suggestions for the same. When Corporate’s enter the field, ‘Freedom’ and ‘Impartiality’ will be lost. The Law College students as well as public should raise their voice against this tendency. Corporatization of education sector must not be allowed.

2.       You your self was a member of the Independent Enquiry panel set up by the Chairman of Rajya Sabha to look into allegations of corruption against Justice. Dinakaran.  Do you feel that the Judiciary is corrupt?

Dr. Mohan Gopal: I feel that majority of Indian Judges are honest. But lack of independent agencies to enquire into the allegations raised against Judges, creates suspicion in the minds of general public. There exist systems in the High Court to investigate the affairs of Lower Court Judges. Investigations in majority cases lead to disciplinary action which includes dismissal. The general public is not aware of these actions. In foreign countries, people are briefed about investigations and disciplinary actions with the help of fourth estate. This helps to build confidence and also gives a message that no one is above law. In India, people must have more means to complaint against High Court and Supreme Court Judges and check the status of complaint. An independent mechanism should be there to inquire against them. Only then, it will be clear whether there are any corrupt ones among them. People also have a right to know the result of the investigation.

3.       What really happened to the Investigation panel against Justice Dinkaran?

Dr. Mohan Gopal: On completion of tenure of one of the member of the committee, it was not reconstituted. So neither a clear investigation nor a report been completed. Before the completion of investigation, Justice Dinakaran resigned. After that, committee was not reconstituted. Committee had no special interest in this matter. We are not sure whether the Government was under pressure from any quarter or had any special interest in this matter.

4.       You were the one who drafted Government’s Lok Pal Bill. What do you feel now?

Dr. Mohan Gopal: If it had been passed in the Rajya Sabha then legal mechanism against corruption would have gained strength. I do not believe that Lok Pal can eliminate corruption in this country. Still, Lok Pal beyond doubt has a significant role to play.

5.       Judges and bureaucrats have a Colonial Mindset. How do you react?

Dr. Mohan Gopal: Bureaucrats and Judges have a feudal mindset. Feudal Lords of ancient times showed no regard for law. The same mindset prevails today to certain extend. They cannot and will not accept laws that which empower common man and restrain theirs. Feudal mindset is exemplified by the Supreme Court’s stand on Reservation.  Former Supreme Court Judge Chinnappa reddy has strongly opposed the views of Supreme Court on limiting Reservation.  The Court has no right to violate Constitutional rights.  The Verdicts of certain Judges tend to speak against reservation and gender equality and they do this on the pretext that they are authorized to interpret the Constitution.

The basic aim of the Constitution is to reach the common man. This dream will be possible only through fundamental change in the existing legal machinery. Today’s entire legal framework is based on 1937 Act. The High Courts of Madras, Bombay and Culcutta are about to celebrate their 150^th Anniversary. But the question is how they are 150 year old when the Constitution  itself came into force only in 1950. They still consider the year the courts were started by the British. This is an example of Feudal mindset. Executive, Judiciary and Legislature must uphold the ideas embodied in the Constitution.


(Sudheer is a print journalist with a leading daily. He may be contacted at vsudheermdm@gmail.com)