A Criminologist's Dairy-58

A Criminologist’s Diary-58

Account Criminology and Criminal Ju...

SHARKS and ANCHOVIES of crime and their escape from punishment

Earlier in my blog A Criminologist’s Diary-56, noquisitorial system of justice has been discussed. There, the defects in the accusatorial and inquisitorial models were brought out. Probably, those defects are the major causes of Criminal Sharks escaping punishments and the small urchins getting punished. Just consider the following-

(1) The accused should be presumed to be innocent until proved guilty. This is just not possible psychologically. The accused must be presumed to be guilty and it is also psychologically impossible. In India, the Sharks escape punishment because they are able to prove the presumption in their favor and the anchovies are unable to do so because they are otherwise handicapped.

(2) Let one thousand criminals go unpunished; one innocent should never be punished. The Sharks are able to escape punishment along with those ‘thousands’ and the anchovies are unable to exploit the principle as they are otherwise handicapped. The correct principle must be that the thousand criminals should be punished and no innocent should be punished.

(3) When two views are possible, the view most favourable to the accused must be accepted. Why the view most favourable to the administration of justice can’t be taken in such situations? This leniency is exploited by the Sharks whereas the anchovies are incapable of doing so.

(4) The accused is an individual and the prosecution is a mammoth agency having money and man-power. The individuals win and here the Sharks win because they know how to manipulate the mammoth agency whereas the anchovies cannot because they are handicapped otherwise.

The criminal Sharks have money, influence, power, authority, friendship with the law enforcement machinery, judiciary, politicians and the Government which the anchovies, especially if they are poor financially, do not have. As such, the Sharks often purchase the law, lawyers and justice. People feel that there is no law which cannot be purchased-no personnel that cannot be purchased.

The criminal Sharks have clandestine and strong friendship with the higher-ups in politics, business, judiciary and what not? Their cases are not investigated properly by the ordinary police men and petty (they are called so by the Sharks and some of the hierarchy) sub-inspectors. It is because, they are not allowed to conduct the investigation of cases against the Sharks in the best way. Sometimes, their cases are investigated by their own police officials.

The Anchovies do not require any hard and strong nets whereas the Sharks need it. Ordinary police men and, as said above- the petty sub inspectors of the General Executive Branch are the investigating officials for the Sharks . The witnesses against the Sharks are killed or they commit suicide (e.g.,2G spectrum case). The evidence against them is destroyed, false witnesses are created and prosecution witnesses are converted to be hostile to the prosecution by the Sharks whereas the small fries cannot do them The Sharks may file cases after cases before various courts for ‘this and that’, the purpose is to delay the case until such time they get a favourable climate to torpedo the case against them. They also cause inordinate delay at every stage of the investigation, prosecution and trial by getting adjournments. Justice delayed is always justice forgotten.

The system is bad and there is no meaning in breaking the mirror just because the image is bad. Everything must be changed from the root and we must bring out new Penal Code, Procedure Code and Evidence Act basing on the latest concepts and principles in administering justice. Both the Sharks and the Anchovies must be punished as per the law.