Académique Documents
Professionnel Documents
Culture Documents
KV Thomas
Academy Journal 10
on the scale and spread of corruption at of society, like the professions of superior cannot presume superior
all levels. Today’s social icons boldly healthcare or education. That is why the professional competence in operational
proclaim that ‘anyone who isn’t corrupt police have been entrusted with a matters. However, is the police leader
lacks either the opportunity or guts.’ monopoly in exercising the authority of justified in resisting political as against
the state in depriving an individual of operational direction that he knows will
This article is not about his liberty, using force when necessary lead to castrophe and has presented his
corruption. Instead it asks whether there against the state’s own citizens or views? Since the political leadership in
is a need for ethics in policing, explores invading his privacy. Often working far a democracy represents the will of the
some specific issues that generate from oversight by superiors, the courts people how can their political wisdom
ethical dilemmas in policing, and finally or other public authority, the be challenged in the accepted framework
proposes a focus on ethics from the discretionary power of even the lowest of governance?
training stage. levels in the police is indeed
overwhelming. This vast discretionary 3) Conflicts between obedience and
power and the old predicament, “who legality, and obedience and basic
CLASSICAL ETHICAL CONCEPTS
will guard the guardians”, makes morality. What does a police leader do
imperative the need for a framework of
Classical ethics in the West has values and professional ethics to guide
when he receives an order, which his
political or administrative superior does
the police in their dealing with citizens. not have the legal authority to issue? If
ranged from the concept of Plato
concept of an ‘absolute good’ to the the authority recognizes he is acting
Aristotelian belief that good actions or ETHICAL CHALLENGES IN illegally, obviously the police officer is
good persons could be judged only in a POLICING justified in disobeying. He is after all the
particular context. Socrates’ view was servant of the state only in the case of
legitimate authority. What if the boss
mid-way between these extremes. He
held that happiness, as the goal of
Let us now examine situations claims to be acting legally, but the action
human life, was not the outcome of when a police leader could face an ethical seems illegal to the officer? When there
wealth, power or reputation, but in living dilemma. No attempt will be made to offer is the opportunity to refer the matter to
a life that is good for the soul. The key ‘right’ answers, this being left to the legal experts, the police officer can of
to human happiness is, therefore, the reader. course defer to their opinion. When this
development of a rational moral is not possible, is the police officer
character. justified in making a decision based on
1) Obedience versus professional
his judgement?
competence. Consider a situation when
Indian philosophies reflect a a police leader is ordered by his official
similar divergence. The Ramayana superior to execute an order that in his What if there is a conflict between
represents a belief in ‘absolute good’, judgement would result in a disaster. obedience and basic morality? How can
with Shri Rama as the archetype of Should the police leader obey, if the the police leader surrender his right to
ethical conduct. Right conduct is a professional superior persists even after make moral judgements even if the
continuum that has ‘sadachar’ or the he is briefed regarding the possible political authority cites raison d’etat
embodiment of ‘dharma’ (Shri Rama) at consequences? What if the police leader (reasons of state)? The stark choice
one end and ‘atyachar’ or demonic knows of certain factors unknown to the confronting the police leader is to follow
conduct (Ravana) at the other. The superior, that makes it possible to his own conscience or justify his
Mahabharat represents a more pragmatic achieve the actual objective of the order actions on grounds of the good of the
approach to ethics in an imperfect world. only by disobedience? How can the state or his professional duty.
This accepts a degree of elasticity in benefits of disobedience of operational
ethical standards in order to overcome order on grounds of professional 4) Conflict between means and ends.
evil. Other philosophies like Buddhism competence be weighed against the Police officers often face the dilemma of
stress on right conduct as the path to disruption of hierarchy and discipline? whether to use wrong means to achieve
‘nirvana’ or salvation. good ends. In the interest of protecting
2) Conflict between obedience and society – ‘the greater good’, is it all right
NEED FOR ETHICS IN POLICING political direction. In case of a conflict to plant evidence so as to implicate
between professional competence and known terrorists or narcotics dealers?
The profession of policing is political direction, the situation is more
straightforward. Unlike in the case of a
Is it acceptable to record false
statements or give false statements
one that is essential to the functioning professional superior, the political under oath in court (perjury) to secure
Academy Journal 12
position would be foolish not to take takes place when the person has a clear content. Despite these inadequacies, it
full advantage of the power of ring, since goal and incentive for changing. is important that premier training
it gives the wearer the ability to do institutions for the Police like SVP
wrong with impunity. Anyone Accurate personality tests are yet National Police Academy take the lead
possessing such a ring would have no to be developed that could help in in initiating informed discussion on
rational reason to do good. Justice is, recruiting those with a predisposition to ethical issues in policing from the basic
therefore, merely a system of checks on ethical conduct or rejecting those with course onwards, perhaps in tandem with
the natural inclination of people to sociopathic traits. If we adopt the 80:20 institutions like IIM-C or LBSNAA. It
indulge their desires even when it rule, we can expect about 20 percent can also look to a state like Maharashtra
involves wrongdoing. The contrasting people to be pre-disposed to unethical or a CPO like CBI to fund a Chair for the
view is that people act ethically because conduct. Another 20 percent may just Study on Ethics in Policing. Will such
they know and believe in morality, not be morally and mentally lazy and academic exercises make Police leaders
because of fear of getting caught. The cannnot be bothered about thinking more ethical? Perhaps, or perhaps not.
moot issue is whether the integrity of ethical issues through. The remaining What it will develop is a general sense
an individual provides a ‘moral compass’ 60 percent are likely to benefit from of collective professional responsibility
that distinguishes between right and training efforts. Once aware of an ethical of the IPS that is essential to its role and
wrong. If this is accepted, only code, that is accepted as the basis of responsibility as the highest leadership
sociopaths are amoral since they cannot their professional conduct and of level of the Indian Police. What can be a
distinguish between good and evil. methods that help differentiate the more significant training outcome than
ethical from the unethical, the majority this?
Modern research postulates that will work towards maintaining the
ethical conduct is part of the personality highest possible ethical standards. REFERENCES
of an individual, but positive ethical 1) The Passion of the Western Mind:
conduct can be learned and reinforced The impact of ethics training in Richard Tamas – Published by
by factors like peer pressure. It is true, educational institutions like the IIMs or Random House Inc.
however, that the effective time to teach LBSNAA is yet to be usefully evaluated. 2) The Soldier and the State: Samuel P.
ethical conduct is in the formative years In any case, training cannot implant an Huntington – Published by Harvard
and those who display a lack of ethics ethical code in individuals that guides University Press
in childhood, often have problems with leaders to right action. All it can do is
3) Management: Peter Drucker –
integrity as adults. Though people’s introduce concepts in psycho- Published by Harper & Row
behaviour can change, and fear of philosophy and emphasize critical
thinking skills, reasoning ability, and 4) Shouting Fire – Civil Liberties in a
exemplary punishment or peer censure Turbulent Age: Alan M. Dershowitz
has sometimes deterred habitual problem-solving techniques, with the – Published by Little, Brown and
behaviour, effective change usually right blend of theoretical and practical Company.
If he really thinks there is no distinction between virtue and vice, why sir,
“If
when he leaves the house, let us count the spoons.”
Samuel Johnson
Letters
Academy Journal 14
Though he has not spelt it , truth does not know this there are people to amended to require that the statement
today is the biggest casualty in the put him wise. And the present law of the witness “should then be read over
courts and the provisions relating to facilitates it and the players in the criminal and signed by the maker of the statement
punishing people for perjury are hardly justice system,each in his own way and a copy must be furnished to him”.
if ever invoked. So, he has rightly gone exploiting it makes justice becoming
about making efforts to bring about analogous to the will of the wisp. It is Almost half a century ago, the
changes in this area. not that the judges do not realize that Law Commission in its 41st Report, had
the witnesses are lying.It is not that the said the same, but it did not see the light
One does not know how to react lawyers are not aware of it either, even of the day. Why because you cannot
to the oft quoted maxim that ‘Justice is in the event of their not having played a trust that the investigating officer would
truth in action’. Let us take the recently part in coaxing,advising, pressurizing or not have played foul and forced the
decided Bakery case.There were 41 threatening the witness - personally or witness to sign the document
witnesses for the prosecution.All of through emissaries. The comments of supposedly the statement made by him.
them turned hostile which means they the former Chairman of the Bar Council The National Police Commission
resiled from the statements that they of India are very telling. And how does recommended more or less the same but
had made before the investigating society respond to this sad state of for a different reason - that the
officer and did not support the affairs - with apathy and indifference investigating officer will not have a
prosecution’s case.Strange though it mostly - cynism and dismay playing a chance to tamper with the statement
might sound just two out of them were miniscule part if at all in the case of a once made and signed.And the witness
pitchforked and they said that they did negligible few. was in any case supposed to be supplied
that under fear and duress. This did with a copy. Sections 161 and 162 only
not happen with the other 39.It is not Let us recall the famous case of say that the police officer may examine
unlikely that they too went back on their JMM in which the ex-PM was implicated. orally any person supposed to be
statements for similar reasons.Making The CBI,the premier investigating acquainted with the facts of the case and
three different statements at three agency investigates the case under the such person shall be bound to answer
different stages ,will discredit any gaze of the court. One day one of the truly all questions put to him. This will
witness and a fourth version in a retrial top industrialists is supposed to have be reduced into writing but shall not be
at a far away place as demanded will not made a statement about having signed by the witness making the
change the situation.Retrial of an offloaded a huge sum to the concerned. statement.This is what facilitates
aquittal case is unlikely to produce a Later, at the appropriate stage he denies witnesses - like all of them in the
different result that can hold good till having made that statement without “Bakery Case” to turn hostile or for that
the last stage of appeal.Atleast not batting an eyelid.In the JPC report on matter the witnesses from the elite
under the present Criminal Justice Harshad Metha scandal some of the segment of the society also to do the
system. If anyone should know this, it MPs appended a separate note and said same with impunity and aplomb - which
is the National Human Rights among other things “witnesses, bankers, is happening every day in the lower
Commission which has unfortunately brokers, public sector executives, courts where trials are being held and
joined the chorus demanding a retrial. bureaucrats and businessmen were witnesses examined. So a simple
quick to discover that they could bluff solution that the statement of the literate
As the law stands today, the trial their way out of the witness box with witness should be signed so that when
judge pronounced the judgement of impunity and aplomb. What a sad he is shown his statement bearing his
acquittal “on the basis of evidence that commentary? The situation in the signature he will atleast not go back on
was produced before him in the court”. criminal courts trying cases involving it with “aplomb” is unacceptable to the
That is the crux. Regardless of the moneyed or otherwise influential status quoists.
elusive concept of perjury being an accused persons is no different. This will
offence, compare the number of indicate what happened in the Justice Bhagwati while dealing
witnesses turning hostile to the number “Bakery”case. with Nyay Panchayats had said that the
of people taken to task for perjury. The Nyay Panchayats would be able to
ratio will be a million to one (even that Coming back to Malimath discover the truth more easily than the
one is doubtful). report,he has tried to some extent deal ordinary courts and it was not necessary
with the “bluffing their way out with to follow the adversarial system. “It is
This is because it is so very easy impunity and aplomb”. He has self evident that the possibility of perjury
to resile from the statement made earlier. recommended that Section 162 0f the is largely reduced if the venue of enquiry
If the witness who has to be tampered Criminal Procedure Code should be is nearer the place of occurrence and in
Academy Journal 16
characterised the report as basically pro done. Why is the International number of recommendations made by
police and went further to question Commission on Human Rights pitch in? the Malimath Committee and the Law
Malimath’s expertise in the area of And none of these agencies would Commission were being considered at
criminal law saying that he had no contend that the Criminal Justice System the highest level, including the law
experience of the trial court work. is in good shape. In the first place, their relating to hostile witnesses must be
minds are all attuned to the system that causing discomfort to the status
The basic principles of Criminal has been in vogue since the days of quoists. The Law Minister, who is also
Jurisprudence that they talked about Macaulay and they would not like to an eminent criminal lawyer further stated
was the Anglo Saxon jurisprudence that accept that there can be another way to that he, along with the Law Commission
we borrowed from the British. It is not effectively deal with the problem of had given a presentation on the manner
known whether they are aware of the crime and criminals. Secondly they are
in which the Criminal Procedure Code
moves to change the system in England all status quoists. Thirdly, and most
can be amended to effectively deal with
itself where we borrowed it from. They importantly they are having it good
the problem of hostile witnesses
felt that in an evolving society the legal under the present system which is
resulting in miscarriage of justice. After
system should keep adapting itself to acquittal oriented (another way of
saying “too far moved in favour of the all, Malimath had recommended
the changing needs. When British Prime
defendent”). If the present system is precisely that viz., to give due and
Minister, John Major came out with what
being obsessed with protecting that proper consideration to the various Law
is called the “Back to Basics” theory
“rare innocent”(to borrow the words of Commission reports and the
there was some element of objection by
Justice V R Krishna Iyer) and allows recommendations of the National Police
the British Parliamentarians. But the
basic premise that “Crime is not just a most of the accused to go scot free, Commission over twenty years ago.
problem for the well to do. It often hits which means that all the Defendants’ Further, he not only emphsised that
hardest the people who have the least” Lawyers are benefitted by the system the 150 year old codes were no longer
was not objected to. The British which is their bread and butter. Well, in valid to deal with today’s India, as over
Government with U K being the fountain the legislature it is not going to be a period of time the Law and Legal
head of the Anglo Saxon system different because people with the same procedure has been misused by the
contended “Defendant’s right to mindsets will create obstructions. Why various agencies connected with the
silence” will be modified, allowing try and meddle with this and try to seek Criminal Justice system, but suggested
courts to draw an inference from the out a more effective system? After all in that a review be undertaken every fifteen
suspect’s refusal to answer questions a system in which criminal record means years. How one wishes that the legal
in a police station or during the trial. It previous convictions, which are hard to fraternity is not myopic and sees the
was also stated that the Government had come by and more and more “so called larger interest of the society!
decided to act thus after pressure from respectable people” increasingly facing
the judges and police officers who trials you stand to benefit by the present
Malimath has made several
complained that the balance of criminal day system “which allows a large number
recommendations which, if implemented
justice system had moved too far in of guilty persons go unpunished” in the
words of Malimath, it is probably will go a long way in making the system
favour of the defendents. We have to
unrealistic to expect those who can bring effective. The inherent vulnerability of
understand that these developments in
about a change no being particularly the anachronistic Criminal Codes,
the U K took place exactly ten years ago.
enthususiastic. If and when their bread exploited by the resourceful lawyers
Therefore, there is nothing sacrosanct
and butter is under jeopardy the and criminals with resources have made
about the so called principles of Criminal
Jurisprudence if the Criminal Justice Lawyers do make noise. For example, it a mockery of the system. As for the
System is collapsing. The victim having would be worthwhile recalling who judges they have to willy nilly operate
a say to safeguard his interests was also starts protesting first as a body within the framework prescribed by the
given recognition at that stage in the whenever Martial Law is proclaimed and Legal System. Though this applies to
UK. normal legal procedure is held in the Bar as well, they seem to have
abeyance depriving the lawyers of ,what discarded strict adherence to the ethical
Now, why are the Advocates they deem to be “their share”. codes if one goes by seeing what is
protesting the way they are doing now? happening in cases like the “Best
Why should the Bar Council of India There are thus going to be several Bakery”.
give instructions to the state units to stumbling blocks. The statement of
mount pressure? Why should the retired Arun Jaitley, taking part in the seminar Malimath has shown the way to
Chief Justice air views the way it was held in Delhi in August last that a get out of this impasse. The advocates
Academy Journal 18
COMBATING THE DRUG MENACE
BY COMMUNITY PARTICIPATION
N Venu Gopal
Academy Journal 20
indirectly involved in narcotic contacted into our operation by about smugglers and drug addicts.
cultivation, extraction, refining, motivating them. This was done by
trafficking or consumption. regularly addressing the school and TOOL NO: 4
• There was a general mistrust college children in their morning
prayer meetings. By this,message The Fourth step used was all the
among public about police parents of drug addicts were approached
spread from children to parents and
department resulting in little or anonymously by maintaining
parents to society at large. All the
no cooperation from public for confidentiality and their co-operation
officers including District SP visited
fighting this menace. enrolled for controlling this menace.
schools and colleges regularly as part
• There was strong nexus of their first step in community TOOL NO: 5
between drug peddlers, participation. Adults in the society
politicians, police, prosecution, may be having fixed notions, which Since most of the endemic area
and forest department. may be difficult to change, whereas for cultivation is spread in remote
children’s can be easily moulded since villages, Dist Superintendent and all
These factors mentioned above they were not having any bias. By other officers made frequent trips to
made the tasks of police like identifying continuous effort and intiative, the villages as part of their campaign to
the smugglers, identifying and author was able form a big group of increase awareness about ill-effects of
destruction of narcotic crop cultivated school and college students as well drugs.
in thousands of acres of land a as teachers to form an ANTI
Herculean task. If one has to destroy NARCOTIC TASK FORCE.
the entire narcotic crop cultivated in a During such “Gram Police
year, probably district may need to TOOL NO:2 Camps” by Police officers, public were
launch Kargil-like operation which may encouraged to switch from Narcotics
require not less than two battalions for Police also started other Schemes to other lucrative safe crops like
twenty days for ensuring that like Samart Yojana which intends to ayurvedic medicinal plants, flori
destruction is 100 percent. This is not teach (UAC) unarmed combat for culture, hybrid garlic, etc., since
possible considering the manpower school and college girls free of cost climatic conditions are best suited for
constraint in the state and also it may using UAC instructors of police all such kind of projects. Recently,
not serve as permanent solution since department. This was started many private enterprises successfully
every year police may need to repeat originally with an objective of making implemented projects for cultivation of
this exercise spending huge amount school girls self dependent and also Zinco byloba, taxus bacata and
of resources and manpower. to over come the problem of eve several other medicinal plants. Police
teasing. This was a great success also indirectly promoted cultivation of
resulting in positive inclination medicinal plants with the help of
CONFIDENCE BUILDING towards police department and also in Ayurveda Department of HP
MEASURES AND COMMUNITY its anti-narcotic mission. Thousands government and private enterprises
PARTICIPATION TOOLS USED of parents whose girls were imparted which give good returns to ensure that
training have become close to police farmers are kept away from drug
S ince Public were having department. cultivation.
140
120
Number of cases / persons
100
80
NO:OFCASES
PERSONSARRESTED
60
40
20
0
AR
00 0
00 1
2
91
92
93
94
95
96
97
99 8
20 200
20 200
00
19 199
19
19
19
19
19
19
19
YE
-2
-
Academy Journal 22
FROM THE HILLS OF MT. ABU
TO THE ROCKS OF HYDERABAD
AK Abrol
It has been a long and arduous thought that comes to my mind is of the
quality of life that we had in National
journey through many ups and downs Police Academy, Mt. Abu, our darling
(including the ones between the Alma Mater. The entire set-up somehow
Rajputana Hotel and Naiki Lake), pot- looked ramshackle and improvised and
holes and pitfalls (including the two falls yet I wonder how easily most of us
from the horseback in Trevor Oval), light adapted ourselves to it, like fish to water.
and shade (including the dark tunnels Talking of water, I am reminded of hot
of the early career, the limelight of the water in half-filled GI buckets, those
mid career, and light at the end of every antique thunder boxes and Bhelaji, my
tunnel). These vicissitudes have not diminutive batman. In spite of the strict
made me a genius but they have regimen, the discomfort and vagaries of
certainly made me wiser. Of course, weather, life at Mt Abu was rather
wisdom does not necessarily come with interesting and not necessarily so
age – sometimes age just shows up all because of the Langurs and Dilwara
by itself. In my case, the last 25 years Temples or the Brahama Kumaris or the
have contributed just about a smattering Gujarati tourists or the ubiquitous and
of wisdom and lots of age. yet so elusive Acharya Rajneesh and
his gorgeous disciples (or to be more
Talking of the service during my precise, disciplesces) whom some of us
formative years, the first and foremost went wild-goose-a-chasing sometimes.
Academy Journal 24
dissimilar, so unidentical that one has “Your children are not your ‘cultured’ pearls which many of us
to accept the concept of ‘fate’ and children brought when we were at the ‘Treasure
‘destiny’. Most of the ‘destinies’ were They are the sons and daughters of Island’ on 18.12.97… If we are different,
determined by the cadres to which one Life’s that is partly because of our different
got allotted, and what is allotted Longing for itself characters and different attitudes.
They come through you but not from Character is, after all, destiny. Our lives
cannot be blotted. The ‘destinies’ of
you, and careers are largely what we choose
others were made or marred by the fact
to make of them:
whether they did or did not choose to And though they are with you yet
have a godfather or a choice of they belong not to you “Life itself cannot give you joy
godfathers. In short, we all went our You may give them your love but Unless you will it,
own ways – some astray, some not your thoughts Life just gives you time and space,
wayward – some remaining steadfast For they have their own thoughts It’s upto you to fill it.”
to the ideals that had been drilled and You may house their bodies but not
their souls.” All said and told, ours has been a
instilled into us at Mt Abu by Shri
very special Batch and it is a great
Gokhale, the worthiest of all worthy Although we have come a long privilege to be a part of this heritage and
Directors, and did not make any way – each one of us his/her own way, to be associated with all those stars who
compromises. One might as well tell yet the Re-union at Hyderabad re- have shone more brightly than the
the Alma Mater, like Kahlil Gibran’s asserted the existence of the umbilical others. At least the lesser mortals like
Prophet told the woman with the babe cord that runs through the entire Batch me can bask in the reflected glory and
held against her bosom:- like the string through the necklace of legitimately so; last but not the least!
Academy Journal 26
in looting the public money. The recent the nodal group will all be senior serving TOLL TAKEN BY CORRUPTION
Unit Trust fraud and other security officers of the Government, and as such
frauds establish the fact convincingly
that without the patronage of the
they will be exposed to political
influence. Our bureaucracy, it is well I ndia’s standing in the
administrators and the politicians, the known, has not lived up to the Weberian international community with regard to
crooks could not have taken the public standard of impartiality and rectitude. human development, according to the
financial institutions for a ride. In the The ‘nodal group’, as suggested by UNDP report, is 135 out of 175 countries.
face of such powerful nexus of the Vohra is, in fact, a ploy in the power But with regard to corruption, according
operatives at the highest levels of game between the bureaucrats and the to the Corruption Perception Index (CPI)
politics, administration and the politicians, because the politicians are released by the Berlin Transparency
corporate world, it will be a futile made to look untrustworthy vis-à-vis the International in August 2002, India
exercise to remind such people of private top bureaucrats. A group of top occupies 71st position in a list of 102
morality and social responsibility. The bureaucrats, according to Vohra’s countries. Presently, India scores 2.7 in
only way to control the rampant looting suggestion, will be the repository of all a 10-point scale, while in 1995 it was 2.78,
of the public exchequer is to bring the the secret information regarding illegal 2.9 in 1999, and 2.8 in 2000. It is well
offenders to speedy justice, which alone transactions of big money, the linkage known that the Scandinavian countries
can restore the lost public confidence between the politicians, businessmen, are the least corrupt ones, and according
in the government. underworld dons and bureaucrats. They to the UNDP report, if India could bring
will decide when and against whom to the corruption down to the level of the
The Vohra Committee Report investigate and to take action. In Vohra’s Scandinavian countries, then the GDP
submitted to the Government of India scheme of things there is little will grow by 1.5 percent and foreign
about a decade ago revealed the nexus transparency and less authenticity direct investment will go up by 12 per
between the unscrupulous because, unfortunately, the nation has cent. Such is the quantum of estimated
businessmen, politicians, bureaucrats as little faith in the cartel of bureaucrats corruption in India.
and underworld criminal gangs. They all as in the politicians. In practice, the
derive benefit from such an unholy nodal group, instead of breaking the
alliance. The state of affairs partially nexus between politicians, bureaucrats, The economic offences in which
revealed by Vohra’s report indicated a businessmen and the Mafiosi, will generally the corporate houses, political
dangerous slide towards criminalisation eventually strengthen the nexus. leaders, civil servants, individual market
of the polity and consequential Subsequent events bear testimony to manipulators and underworld dons are
degeneration of the social values and this kind of nexus between the designing involved are putting a severe strain on
public morality. But the corrective bureaucrats and politicians. It is well the economy, as evident from various
measures that Vohra had recommended known how the Supreme Court’s studies and reports. The enormities of
are somewhat lackadaisical and directive (1988), authorizing enquiry non-repayment of bank loans, which are
unrealistic. He suggested the formation against any official, irrespective of his in the ultimate analysis are nothing but
of a “nodal group” under the Union rank, has been subverted jointly by the bank frauds, involve a staggering
Home Secretary as chairman, and bureaucrats and the politicians, much to amount. At the beginning of 2004,
Revenue Secretary, Chairman Board of the dismay of the Central Vigilance various firms owe over Rs 91,000 crores
Direct Taxes, Director Revenue Commission (CVC) and the Central to banks and financial institutions and
Intelligence, Director, Enforcement and Bureau of Investigation (CBI). This this is known as non-performing assets.
Director CBI as members. The nodal order, which has since been upgraded According to Attorney General Soli J
group, on receiving the information as a law, thanks to the bureaucrat- Sorabji, “almost 60 percent of the NPA
about serious economic offences, will politician nexus, will shelter corruption estimated at Rs 53,777 crores are due to
utilize the existing agencies for at the higher echelons of the public sector banks”. The debts that the
investigation and legal action. Such an government. The most serious lacuna large firms and business houses owe to
arrangement is unsatisfactory as a in Vohra’s report is that, before the banks and financial institutions is
means of preventing serious economic suggesting remedy to free the polity of estimated at Rs 1,50,000 crores with
crimes, investigating those crimes and unholy nexus, it has not examined the interest. With a view to facilitating
promptly prosecuting the criminals. It inadequacy or otherwise of the existing recovery of the debts, the Government
only bureaucratizes the process of laws and therefore has failed to suggest has brought “the Securitisation and
investigation, which will certainly any measures for streamlining the law. Reconstruction of the Financial Assets
reduce the credibility in the process Thus Vohra’s “nodal group” will and Enforcement of Security Interest
itself. Besides, the group will be directly certainly not be an effective instrument Act” which provided for the attachment
under the Government and members of for dealing with economic crimes. of the properties of borrower. But some
Academy Journal 28
degenerating into low utility farce. Till 5. Deterrent punishments, punitive approach by defining scams
that happens, those who are involved including preventive detention (financial frauds) as a serious offence
in cases being heard now will hope that of CEOs in serious crimes and as such a separate central
they too may laugh at Indian justice from investigating agency should
wherever crooks go after death.” (The 6. Enhance the status of investigate them. Special courts with
Statesman, 5 January, 2002). surveillance, intelligence special prosecutors should try such
sharing and co-ordination cases, and during trial the burden of
Some encouraging judicial among enforcement agencies proof should be shifted to the accused.
decisions in recent times have sought The committee has also suggested
7. Special cells in different regions empowering of the investigating agency
to strengthen the system which often for monitoring, reporting and
look helplessly as the white collar with increased powers of search, seizure
acting expeditiously in case of and attachment of illegally obtained
criminals go on cheating justice one way
suspected frauds funds and properties. To deal with
or the other. The Supreme Court in Vineet
Narain Vs the Union of India tried to allegations against the employees of the
8. Trial procedures in Special financial institutions, the committee
protect the investigating agency against courts to be simplified and
unjustified political interference. This recommended the formation of a
expedited Statutory Fraud Committee under the
action of the apex court resulted in
giving some degree of professionalism Reserve Bank of India.
9. Senior police officers are to be
and independence to CBI and the trained in investigation of
Central Vigilance Commission. It also serious cases reported by Of late, some serious economic
struck down the ‘single line directive’ crimes have exposed the vulnerability
various enforcement agencies
as it encouraged corruption and of the financial regulatory institutions
unfairness in the official circle. Although 10. Enact a separate criminal code such as the RBI, the SEBI, though they
the Supreme Court is canvassing the for serious economic offences have been vested with enormous regu-
need for deterrent punishment for threatening national security, to latory powers. Special legislation, no
economic offenders, it is ‘nonetheless’ be enforced by a central doubt, has created fast track proce-
doubtful whether the conventional investigating agency. dures, like special courts for trial of
mind-set and practices prevailing in the serious economic offences with the
criminal courts of the country have been Alarmed at the increasing number Supreme Court alone having the
influenced by it. It may be noted here of bank frauds in the country, in 2000 appellate jurisdiction. But all this has
that the government has since the Reserve Bank of India set up a not succeeded in reducing the delay in
reintroduced the ‘single line directive’ committee to look into the legal aspect investigation or improving its standard,
and the executive order is now being of the bank frauds. The committee nor is there expeditious trial of the cases.
modified through an Act of Parliament. admitted that the criminal jurisprudence The end result is continuation of ram-
of the country based on ‘proof beyond pant looting of public money and con-
Serious bank frauds and other doubt’ is too weak an instrument to sequent erosion of public confidence in
irregularities have engaged the attention control bank fraud. “Financial frauds” the rule of law. It is, therefore, imperative
of Reserve Bank of India and the the committee contends, “is not an to develop and foster expertise in newer
government for some time. Expert offence, in spite of the fact that the banks areas. And for that a new legal code and
committees were set up from time to time and financial institutions suffer heavily enforcement machinery has to be
to reform the law and policies of bank in frauds committed by the borrowers, evolved.
management with a view to controlling often in collusion with the employees
economic crimes. Some of the and financial institutions,… the Having been pushed to the wall
suggestions are as follows: situation is becoming explosive and can due to multiplicity of economic crimes,
lead to anarchy at any time, unless the the Ministry of Finance has hurriedly
1. Relax the bank secrecy laws scams are legally contained.” The created a Serious Fraud Investigation
2. Compel banks to report suspect committee has, therefore, recommended Office (SFIO) in 2003 with a view to
transactions that there should be a preventive undertaking investigation of serious
3. Strictly regulate non-banking strategy of system reform by strictly fraud cases. The charter of SFIO
business enforcing the regulatory measures and includes (1) it will detect and prosecute
4. Make financial frauds, insisting on a compliance certificate from or recommend prosecution of white
including money laundering, the banks and financial institutions. collar crimes/frauds. (2) The SFIO will
serious crimes Besides, the committee recommended a take up investigation of :
Academy Journal 30
of the court, to ask questions to the few administrative measures, such as regarded as seriously as criminal
witnesses” at the time of trial. Besides, the creation of a mechanism by name offences. We have to look at our laws in
“victim’s compensation in all serious “Serious Fraud Office”, to be the liberalized environment. If people
crimes” as suggested by the committee established by an act of Parliament with can get away with economic offences,
in case of financial frauds will act as strong provisions to enable them to then we cannot run a liberalized
deterrent. investigate and launch prosecution economy.” He also stated that the
promptly. “To inspire confidence of the Finance Ministry would look into
3. All the changes and people and ensure autonomy,” the judicial arrangements to deal with laws
modifications in the criminal justice Committee recommended that the dealing with economic offences. A
system suggested by the committee will Chairman and the members of the seminar attended by Union Ministers
facilitate the investigation and Serious Fraud Office should have fixed of concerned departments suggested
prosecution of the serious economic statutory tenure. The committee also enactment of an Economic Offences
crimes. They are: recommended that the state Code, which will identify, segregate,
governments should set up Serious classify and consolidate, what are called
a. Confession before the police Fraud Offices; but they should be serious economic crimes now spread
officers should be admissible in sanitized from political and over 30 or more economic criminal
economic offences. administrative influences. statutes and the Indian Penal Code.
b. Accused’s right to silence may Accordingly, an Economic Offence
be disallowed and in case of The Committee recommends the Code is now under preparation in the
silence, the court may take strengthening of the economic National University of Juridical
adverse presumption in case of intelligence, induction of state-of the- Sciences, Kolkata. In the meantime, the
silence. art technology, adoption of a common Government of India has taken certain
c. The probative value of scientific preventive strategy and closer measures to strengthen the legal and
evidence may be enhanced, and coordination between the national investigating apparatus against
the burden of proof may be authority, the SFO, the intelligence economic offences. As noted above a
shifted on to the accused. units, etc. Serious Fraud Investigation Office
d. Corporate criminal liability (SFIO) has been set up under the
should be clearly defined and The Indian laws should be made Department of Company Affairs of the
spelt out and the provision for compatible with the foreign laws in this Union Ministry of Finance in 2003. A
adequate punishment in regard. draft legislation to give a sound legal
corporate crimes should be status to the SFIO is now pending.
made. The responsibility of recovering
e. Corruption in the enforcement assets should be given to a new The Malimath Committee submit-
and investigating agencies agency called the Asset Recovery ted its report in 2003. The
should be put down with a Agency, which will reduce the recommendations of the Committee drew
heavy hand. workload of the trial judges and a howl of protest from the vested interest
f. It is necessary to protect and streamline the judicial process of in the legal community, its recommenda-
encourage whistle blowers in forfeiture and confiscation. tion of a paradigm shift in the role of the
economic offences. court from the position of a passive
g. In select economic crimes ‘plea According to the Committee, a onlooker to a seeker of truth is likely to
bargaining’ in a transparent and law should be enacted to protect adversely affect the unscrupulous legal
institutionalized manner may be informers, covering major crimes. practice. The simplification of
allowed. investigating and trial procedures is also
NATIONAL ECONOMIC OFFENCES strongly resented. In the teeth of such
These are some of the opposition, the Government of India has
CODE
suggestions of the Malimath Committee presented a Criminal Law (Amendment)
Report intended to tone up the entire Formation of a comprehensive Bill, 2003 (Bill No. LX of 2003) in the line
criminal justice system in general; but Economic Offences Code has been of the Committee’s recommendations,
the impact of these changes will be felt thought of at the higher echelons, of the but not fully in consonance with them.
more on the economic crimes. administration during the last several It is yet to be passed into a law and it is
years. In April 2002, the then Union only likely that there will be strong
Apart from changes in the law and Finance Minister said in a seminar in lobbying for sending the bill to the cold
procedure, the Committee suggested a Delhi, “Economic offences are still not storage.
Academy Journal 32
case of appointment to the National which the loss to the public rank of Member, Board of Direct
Human Rights Commission. The exchequer is to the tune of Rs 50 Taxes.
Authority will perform the following crores or more.
tasks: iii) Other officers may be drafted
iv. The Authority will protect the according to necessity.
i. It will not take over the independence and impartiality of
the investigating and prosecuting 3. Prosecuting Agency
responsibility of all the institutions
created by the laws in force. It will agencies by effectively insulating In appointing a set of prosecutors,
oversee the enforcement of laws it from extraneous influence in the rules and modalities followed by the
and regulations on economic discharging their duties. Central Bureau of Investigation may be
offences by respective agencies v. The Authority will submit annual followed. The agency will function
and departments. They will report to the government. It will be under the control and direction of the
monitor the developments and mandatory for the government to Authority.
scrutinize the results. The Code will place it before Parliament.
empower the Authority with the 4. Special Courts
power of overseeing and 2. Investigating Agency Four Special Courts may be set up
monitoring and also to call for in four metropolitan cities, namely, Delhi,
reports as and when necessary. i) The Code will provide for an
investigating agency under the Kolkata, Chennai and Mumbai.
ii. The Authority will take over the Authority for investigation into
Each Court may be headed by an
investigation into the cases where the cases taken over by the
officer of the rank of District Judge of
there are complaints of irregularity Authority.
unquestioned integrity. However, there
or negligence from the respective
ii) It will be headed by an officer of may be three judges bench in place of
agency.
the Indian Police Service of the one Judge for better scanning of
iii. The Authority will take over the rank of DGP or an officer of the evidence and for guarding against
investigation of the complaints in Indian Revenue Service of the human errors.
Though the Indian Police has country. This calls for vision,
determination and commitment of a high
acquitted itself creditably over the years
order, which have generally been the
in successfully tackling complex and
hallmark of the police leadership in the
grave problems threatening not only the
country. It is while articulating and
peace and tranquility of the society but
responding to the grave challenges
also its integrity and national security
threatening the Indian Police and the
and has developed an enviable
Indian society that we get glimpses of
professional expertise in multifarious
certain dimensions of police leadership,
aspects of police functioning, it is
which are unique, innovative, new and
presently facing certain serious
an effective counter-poise to the
challenges, which call for urgent
malaise afflicting the Indian Police and
attention and suitable responses from
the Indian polity in which it functions.
police leadership.
Academy Journal 34
excesses, the 1984 anti-Sikh riots, the turned politicians and the nexus of within the police leadership itself
rise of terrorism of different hues, and politicians with crimes of different because it is the police leadership which
most recently, the Gujarat riots. Failure varieties are the harsh reality of today. stoops and crumbles due to its own
to defuse explosive problems in time by Failure to enforce the National Police infirmities. Rising above such infirmities
the police leads to prolonged and Commission recommendations to is the crying challenge to police
immense suffering for the people of the insulate the police from interference in leadership.
country, protecting whom is the very its day-to-day functioning by the
rationale for the existence of police. The political leaders in power has brought 8. Thus, police leadership has to
top police leadership itself is plagued the police to such a situation where quite function within the system till it is
with a crisis of profound proportions often the criminals are calling the shots changed for the better, which may not
which is threatening the police’s through the politicians and preventing materialize in the near future. Hence, it is
commitment to the rule of law and its the police from doing its duty fairly in for the police leadership to come out with
professionalism due to multifarious accordance with law. This is a situation innovative and practicable initiatives to
extraneous forces that have come to which needs to be taken serious note of protect and promote police
stifle various aspects of police by not only the top leadership of the professionalism. This is the prime duty
functioning. The standing and authority police but by the society, leaders and of the police leadership. A new breed of
of the top police leadership is getting media at large as it can spell disaster for highly educated, suave and techno-
badly eroded which has started the country unless emergent remedial savvy young politicians are also
seriously affecting their control of the measures are thought of and entering politics. The police leadership
huge forces at their command, their implemented. should be able to take advantage of this
discipline, their morale, their ethics and to advance its professional interests
they very ethos of the police which has 7. It is the police leadership which is while also gearing itself to match their
hitherto seen us through trying times. facing the brunt of this problem vis-à- dynamism and energy.
vis the politicians, especially those in
CHALLENGES POSED BY THE power. Nobody will be get concerned 9. Another area in which police
RAPIDLY CHANGING POLITICAL with this problem and do anything about leadership can devise and
SCENARIO AND THE EXTRA- it unless the police leadership first gets institutionalize suitable measures and
NEOUS FORCES STIFLING seized with it, understands its sinister systems to not only protect
POLICE FUNCTIONING dimensions and projects it in every fora professionalism but also to promote
possible. Unless the police leadership welfare of police personnel is the one
4. Police is ultimately answerable to the develops awareness about it and relating to transfers and postings, which
people, whose protection is its sacred educates all concerned about the is the prime instrument in the hands of
duty. Police is answerable to the people extreme dangers of playing with the rule politicians to make the police do its
through the effective enforcement of the of law and those entrusted with its bidding. Police officers of different ranks
rule of law. Police is answerable to the enforcement, who else will. We still have are authorized to make transfers and
law of the land through the courts to very many men and women of postings of defined ranks. Police officers
whom it reports. Police is also reasonable integrity in our political often yield to the unwritten dictates of
answerable to the representatives of the system who can understand and the politicians and abdicate their
people in our democratic polity and the appreciate the crying needs of the police powers. There is often murky and
government in power whose to function independently, freely and stinking corruption in all this. All this
responsibility it is to ensure peaceful impartially. Many instances can be cited makes the police utterly incapable of
living conditions for the people. where political leaders in power have delivering the goods especially when
worked in unison with the top police faced with serious problems. Discipline
5. Peaceful living conditions for the leadership in preserving and promoting is lost, hierarchical control is destroyed
people means effective crime control its professionalism and fair functioning. and there is no way the police leadership
and maintenance of law and order by The need of the police leadership is not can deliver the goods and enforce the
strict enforcement of the rule of law. only to constantly endeavour to bring law in such a situation. Hence, the police
There is no other way of ensuring about changes in the system which can leadership must stand firm and fight the
peaceful living conditions for the public safeguard police professionalism but erosion to its authority tooth and nail if
in which they can grow and develop. also, till such a change is accomplished, the police forces of the country have to
to work with determination within the be saved and if the larger good of the
6. The rapidly changing political existing system to protect and promote public has to be ensured. Further, when
scenario in the country, the emergence police professionalism. The greatest transfers are sought on legitimate
of self-serving politicians, criminals danger to police professionalism lies grounds, the police leadership must
Academy Journal 36
which must relentlessly work to rectify police leadership has not only to acquired and put to right use. This calls
the situation. One police leader in a constantly sensitize itself and its ranks, for a complete involvement of higher
district can convert a hated police into a about the latest sophisticated tools in level police leadership in constantly
loved one. the hands of the criminals so that planning for the future.
intelligence can be collected about them
and investigations can be suitably CONCLUSION
TECHNOLOGICAL CHALLENGE
geared but also that suitable initiatives
TO POLICE LEADERSHIP
are taken to continuously upgrade the 17. A better working environment can
16. The twenty first century is the era of equipment available with police so that best be created by an enlightened
science and technology, which has it can effectively match those available leadership, fully aware of the growing
changed the way we live and has with the criminals, and also utilize the dimensions and complexities of modern
affected mankind in all facets of life. The same in an optimum manner in police work. The police leadership
advances in science and technology discharging its multifarious duties in needs to effectively respond to every
have also placed superior tools in the different aspects of policing. such dimension. This calls for true,
hands of the criminals, who Modernization grants given by the honest and selfless work of the highest
consequently become more lethal, more government can be effectively put to order from the police leadership of
precise and more difficult to catch. The use only if the right equipment is today.
Do not occupy
your precious time
except with the most precious things,
and the most precious
of the human things is the state
of being occupied between
the past and the future
- Ahmad bin Isa al-kharraz
Academy Journal 38
COMMUNITY POLICING policing” which increases the 2. Would not this concept dilute
community’s satisfaction. It means fear element which is
As the phrase ‘Community increased job satisfaction, self-esteem,
buffeted support to police resources
understood as so necessary for
effective policing?
Policing’ goes, it is community first - and prioritization of services from the
significance given to the role of police point of view. 3. Will it have an adverse bearing
community in defining and guiding the on police professionalism?
police in their localities. It encompasses
DEFINITION OF COMMUNITY 4. Will it not curtail the discretion
and addresses to this basic question as
POLICING and thus undermine the
to “who defines what order is to be
maintained and whose is to be authority and power of the
“Community Policing is an area
maintained?” policemen?
specific proactive process of working
with the community for prevention and 5. Will this concept not reduce the
Community Policing is based on detection of crime, maintenance of scope of corruption, which is
the democratic principle that “anyone public order and resolving local presently a vested right at
who exercises authority on behalf of the conflicts and with the objective of various levels in police
community (like the police) is providing a better quality of life and department?
accountable to the community for the sense of security”.
exercise of that authority”. 6. Is Community Policing concept
a practically feasible
It is to say that Community IMPEDIMENTS TO COMMUNITY proposition?
Policing concept stresses policing with POLICING
and for the community rather than 7. Would it not overburden the
Public view - police as it is already attending
policing of the community.
to multifarious tasks with
The Community Policing
In Community Policing, the main scarce resources?
philosophy frees the police from the elements are partnership, problem 8. Challenges, dilemmas, fears,
image of being faceless and removed solving, preventive policing and pro- perceptions and realities of
from the public in order that the police active policing. To incorporate all these shifting police emphasis and
officers can maintain direct, face to face elements, willingness and active roles that individual officers
contact with people in the same defined participation of the community and its play within Community Policing
geographic beat (area) every day. members are very crucial ingredients. is best illustrated by Robert R.
Community Policing is an active and The main inhibiting factor in preventing Friedmann as -
equal partnership between the people from coming close to the police
community and the police where the is mainly its poor image. Most members “During the yearlong Israeli
police and the people work together. It of the society think that the police is experiment in Community Policing
is a pro-active approach where, with the not available and not accessible when (1983/84), the neighbourhood police
help of the community members, the they need them the most. Even if they officers were closely monitored. They
police identifies the problems and are available, they are perceived to be were frequently debriefed of their
concerns of fear of crime and puts discourteous and insensitive to the experience in and perceptions of the
preventive measures in place with the community’s needs. Generally, the project’s progress. All officers were
help of “people it wishes to serve”. It is public are not very comfortable with the veteran car patrollers with many years
to be clearly understood that Community police outfit and do not feel welcomed on the force, most had supervisory
Policing is area specific and each by them. experience, and most were sergeants or
community will have to evolve its own Police view – sergeant majors. Yet these officers ‘were
mechanisms to improve the quality of volunteered’ to become neighbourhood
life in the neighbourhoods. The Community Policing, as a concept,
police officers and initially displayed
practices will have to be continuously poses many a problem to the police
displeasure and even resentment. This
evolved, assessed and modified as and personnel. On a continuum it can be
reflected, more than anything, their fear
when need arises. graded from skepticism to total
of the unknown as they entered a new
opposition. These are the posers:
role they were not sure how to handle.
Community Policing envisages to 1. Will adoption of Community One officer probably expressed the
bring about reduced incidence and fear Policing concept relegate basic sentiment of his peers when he said that
of crime through effective “partnership policing? “… this is not a job for real officers,
Academy Journal 40
It would also require new systems in fact the rise in reports may be an perceive the community police officer as
of performance evaluation. Evaluating indicator of a success in improving a community liaison officer.
crime prevention strategies such as relations.
Community Policing is more complex If all the above are done to
than traditional assessment of law perfection then the public will not
Community Policing require the perceive Community Policing efforts as
enforcement based on crime registered, senior echelons of police leadership to
convictions, etc. Evaluations will have an exercise on the part of the police
trust their subordinate police officers. department to transfer some of their
to be mostly collective and will have to They will have to develop the maturity
consider the level of community burden to community or as a mere public
to delegate, to have faith in the relation exercise.
satisfaction, fear reduction and other subordinates and provide them with
less tangible products of improved autonomy, independence and authority Rome was not built in a day. Even
community relations. In some cases, the to decide local issues along with in countries from where this concept
number of crimes reported to the police maintaining accountability. owes its genesis, it has taken a decade
may increase following the introduction or more to set in. We will have to discuss,
of Community Policing as a result of Community Policing would also deliberate, conceptualize, practice and
increased community-police dialogue require a change of attitude on the part evolve our own system of Community
and trust, creating the statistical of the other public organizations, Policing with full dedication, sincerity
appearance of an increase in crime, when namely, the local bodies which should and perseverance.
Academy Journal 42
Table - 1
Subject Matter Coverage on Leadership and Creativity
Academy Journal 44
COMMENTS regarding content coverage in the problem solving and decision making,
domains of Leadership and Creativity in best practices in leadership and
Over reliance on training to various police training institutions. In
tabular form, analysis on use of training
creativity, etc. In some organizations,
all employees are exposed to the concept
develop creativity and leadership in methodology and non-training of creativity and methods for enhancing
police personnel may not be very fruitful creativity. Faculty of various HRD
interventions for development of
centers is trained through Training of
proposition. Above mentioned non- creativity and leadership has been Trainers programmes and Faculty
training organization development presented. It is evident that content Development programmes in the
methods are to be used more. Police coverage is almost nil in training contents and processes of leadership
leadership will have to be trained more curricula. Training methodology and and creativity development. Training is
in the use of above-cited methods for non-training organizational also provided in use of non-training
better implementation. developmental interventions for methods like counselling skills,
development of creativity and coaching, participative management,
SUMMING UP leadership are not up to the mark. In the team building, performance and potential
training institutions of public and private appraisal, on-the-job training methods,
In this paper, the investigator has sectors, separate programmes of 2-3
days duration are run on various themes
rewards management, development of
subordinates, etc. These things may be
given detailed account of the findings of leadership, creativity, creative tried in police.
Academy Journal 46
In a knowledge-based economy, the policeman should have that recognized and approached by ordinary
leaders do not command employees to peculiar ability to insulate, fortify and people.
work harder, smarter or faster. stand solid in the midst of ruins. This
Knowledge workers know the right can be achieved only through In the life of a Police Officer,
buttons and when to press them. A character. Remember that character is everyday is a journey through
recent research carried out at Princeton not for sale, show or bargain. It is a wilderness to a promised land. All an
University identifies seven attributes personal virtue, which gives joy, bliss officer has to do is to awaken his or her
to essential leadership. First, Technical and pride to the individual. talents and the champion within. The
Competence, i.e., Business-literacy and opportunities are plenty, the track is
grasp of one’s field. Second, Conceptual Lao Tzu writes “The wise stand limitless, stretching before him or her
Skill, a facility for abstract or strategic out, because they see themselves as without end. In the deeper levels of the
thinking . Third, Track Record, a history part of the whole. They shine, because mind are resources of power, strength
of achieving results. Fourth, Moving they do not want to impress. They and courage, hardly imagined. The mind
Skills, an ability to communicate, achieve great things, because they do is not just an inert matter. Just as there
motivate and delegate. Fifth, Taste, an not look for recognition. Their wisdom are precious stones in the depths of the
ability to cultivate and identify talent. is contained in what they are, not their sea, there is a store of abundant energy
Sixth, Judgement, making difficult opinions. They refuse to argue, so no- in the depths of our minds. This energy
decisions in a short time frame with one argues with them”. May be, this is beyond the perception of ordinary
imperfect data. Seventh, Character, the definition or description applies to senses. The Police Officer has to
quality to define who we are. police. Character inculcates these recognize this power, awaken it, use it
qualities, because the person and appropriate it.
A leader may not have all the practicing it, knows that he will control
seven qualities but he will have some his own destiny. Cultivation of a Everyone admires the Bold, none
of them. Character is the key to character mindset significantly honours the Timid. Common people
leadership. Research at Harvard increases the chance of health, wealth have a sixth sense for the weakness of
University indicates that 85 per cent and happiness. others. If in the first encounter, the
of leaders’ performances depends on Policeman demonstrates his willingness
personal character. Character is not Samuel Smiles wrote in 1959 in to compromise, backdown and retreat,
quantifiable, but there are many ways Self-Help, “it is not eminent talent then that brings out the lamb into the
to measure the individual.. (Warren that is required to ensure success in open than the lion. If he is on the
Bennis on ‘The Anatomy of any pursuit, so much as purpose; nor defensive, willing to negotiate, he will
Character’). The word character comes merely the power to achieve but the be pushed around without mercy. If he
from the Greek language for ‘engraved’ will to labour energetically”. Energy is bold enough to face crisis and
or ‘ inscribed’. We should know who of will may be defined to be the very calamities, people appreciate and
we are, and how to organise our central power of character in man. In a applaud, because boldness has many
experience. William James of Harvard word, it is Man Himself. By admirers and cowardice has many critics.
University described character as “the cultivating character, if you could be
particular mental or moral attitude different and achieve remarkable The life of a police officer is
most active and alive, a voice inside, things, then why not practice it? exceptional. If he chooses to lead his
which speaks, “This is the real me”. life like everyone else, then what exactly
Police Officers may remember that is it that he has to offer to the
Police Officers are leaders. In the day people stop bringing problems department? There should be some
their case, character is framed by drive, to them, they cease to be leaders. Public evidence that he has played a role, made
competence and integrity. They work lose confidence or gain confidence a contribution and was of service to the
for the law, community and general when they know that Policeman cannot common man. People of action do not
welfare. Without these qualities, it is or can help them. People ignore the stand in a crowd. They are in the
difficult to engage others and sustain Police when they know that they are not forefront, doing things.
meaningful results. We often hear cared for. Real leaders make themselves
that “the people get the police they accessible and available to others and The Police Officer should have a
deserve”, since they are from the not get entangled and submerged in philosophy to sustain him. He can adopt
community and would reflect unproductive meetings and Swami Vivekananda’s saying: “Take
faithfully the characteristics of that discussions. A police officer is an things as they come; leave things as
community. This is not true, because outdoor man to be seen, to be they go; love things as they are”. In
You most probably are not a very happy person then. Do you know that your thoughts have
a direct influence on the way you feel and behave? If you think that your job is giving you
headaches, you will come home with your throbbing temples every day. It is sure that the
mind exerts its power over the body.
Your sense of imagination can be a powerful tool to help you combat anxiety, tension or
stress. Visualization can be used as a means to harness the energy of your imagination.
Try to visualize two or three times a day. The best time is to do it in the morning while you
are still in the bed as also at night before falling asleep. With practice you will be able to
visualize whenever and wherever you need it. To begin visualization, sit or lie down in a
comfortable position and close your eyes. Scan your body for any muscle tension and relax the
areas that need it.
After that, begin to visualize a scene, object or place that is soothing and pleasing to you.
Imagine each aspect of the scene and involve all your senses fully. If, for example, you like
to visualize a waterfall on a mountain, first imagine what this looks like: the rushing water,
the stream flowing from it, the trees around, etc.
Another type of visualization involves the image that is normally associated with tension,
which can be replaced with an image for relaxation. Like if you imagine a taut rope, you
could replace it with its loosening. A thunder subsides and is replaced by a light rain; the
darkness begins to lighten; the pounding hammer is replaced by the humming of the small
flying birds around.
As you become more involved in your visual image, your body will relax and you will be able
to let go of the problems or worries that were bothering you before.
(from the collections of Pullela Murali Mohan)
Academy Journal 48
WALKING
RR Varma
Academy Journal 50
unmanifest. Skeptics may laugh at my satisfaction and the benefits of headquarters). The distance was fifty
endeavor to establish linkage between exercising. miles (80 kms). No doubt, the road,
the abstract unmanifest God and a despite ardous patches, was by and
simple concept of walking, but I may Appreciating these diverse good large clear but the blazing sun never
assure them that my conviction is based effects of walking, we may pause and relented. The bigger cause of
on experience. The omnipresent- think that life is not walks alone. The discomfiture was that I was walking in
unmanifest God can only be seen by the other areas of life involve thorny paths, parade boots. Ultimately, with half a
penetrative spiritual vision. In fact, God which are treacherous too. Life struggle dozen blisters on both feet along with
contact is an intense endeavor meant is not a pleasure or leisure walk, it is a my courageous wayfarer Man Singh I
only for the pure in the heart. In all grim race and quite often in wilderness reached Kalpa at 7.30 in the evening. I
creative pursuits of life, the degree of for want of the clarity of destination may have marveled at my achievement
success is proportionate to the level of caused by the crowds and storms of but my wife was agonizingly amazed. I
concentration. Meditation simply put is pressure. Steering life to the shore of must admit that the solid energy and
concentration on God alone. It must be success needs grit and nerve. spirit of Man Singh worked as booster
total and fully undivided. Full devotion Fortunately, we know that regular walks, for me during this Marathon walk.
and undiluted concentration on God are jogging and running impart the touch
the two prime rules of meditation which of steel to nerves, the only requirement In the month of January 1968 when
can get devotees various benefits. for good life is to be fair to all. I was posted as SP, Shimla district, I had
Meditation is not essentially offering to proceed on short leave to my village.
prayers from a sitting posture at home Here I may put down a couple of However, an exigency of service
or in temple. It means true and pure God my own memorable events in walking.
required my presence in the office but it
love. To love God from the depth of Way back in 1965, I was transferred on
heart, to feel Him during walks, as you showed at night that all traffic remained
promotion from North Police district of
are walking with Him, talking to Him, Delhi to Kinaur in Himachal Pradesh as suspended. I told my wife that I was keen
trying to feel his invisible presence, District Supdt of Police. In the wake of to make it to Shimla on foot. I do not
putting sincerely your problem before Indo-Chinese clash of 1962 , extensive know what undaunting spirit gripped my
Him. Have full faith in Him. Such prayers village touring in this border district wife and dismissing every council and
He answers and it is this intensity and adjoining Tibet region of China had persuasion she put on the proper
purity of prayer which is called assumed importance for the district SP walking dress and marched out. Four
meditation. The key factor being pure Indo-Pak clash of 1965 had intensified other young men accompanied us.
God love. Therefore, during early this job requirement. Therefore, visiting Wow! their company turned our journey
morning walks one can always open various far-flung villages on foot had into a sport. They made it highly
one’s heart to God and continue made me pretty fond of walking. Sharp enjoyable and unforgettably memorable
repeating His name and thought. Quite at 3.45 a.m., on the 4th of May, 1966, as I
adventure. The journey of 40 Kms
a few elderly people are heard during had decided the previous evening,
morning walks chanting God’s name but (through short cuts) was a hilarious
accompanied by Constable Man Singh
this does not have to be mechanical. I (a local resident of Nesang village), I episode - walking, singing, resting
have the experience of the twin benefits set out on my marathon walk from Pooh relaxing - enjoying with many villager
of such walks; a sort of spiritual rest house to Kalpa (the district on the way, we reached Shimla at 8 p.m.
Academy Journal 52
a compulsory paper on this ever- criminology in all LLB courses ignorance of “Scientific Criminology”,
growing subject. It is also a matter of throughout the country so that we get fail to convince the court with proper
regret that in such syllabi, excepting duly oriented Police Officers, Lawyers, arguments and grounds about the fool-
certain bio-psycho-social theories of Prosecutors and Judges who can proof nature of a piece of scientific
criminal behaviour, there is hardly any appreciate scientific evidence properly evidence. In the circumstances, it is no
“Forensic Science” or “Scientific in course of every step in the Judicial wonder that we, contrary to highest
Criminology” topic which really helps process. Criminology cannot, therefore, scientific authorities, once had even a
to detect crimes and criminals. afford to ignore Forensic Science, Police decision to say that opinion of an expert
Criminology certainly does not consist science, Police investigation, etc., if it that a particular letter was typed on a
of mere criminal psychology and has to be a branch of human knowledge particular typewriter does not fall within
criminal sociology. This abberation in dealing with crimes and criminals in its the ambit of S.45 of the Indian Evidence
the LLB Syllabus must be corrected etymological sense. As a matter of fact, Act. It is gratifying to note that the apex
forthwith, for now Courts are frequently all standard books on so-called pure court has now said that this decision
called upon to discuss and appreciate Criminology with heavy sociological needs to be reviewed by a larger bench
evidence afforded by police and forensic bias too devote chapters on police in view of modern advancements in the
field of scientific knowledge (CBS vs
sciences like modus operandi, hand- investigative procedures and
OST Choudhary, 1990 Cri LJ III2: AIR
writing, fingerprints, footprint, police administration of criminal justice though
1990 SC 1050). So “Scientific
dogs, ballistics, chemistry, microscopy, in a sketchy fashion. And yet some
Criminology” is a must for our LLB
medical jurisprudence and even genetics shortsighted Criminologists would courses through which we, by and large,
(DNA Techniques) in cases of assault, venture to say that Criminology has get our investigators, lawyers and
rape, murder and paternity. “Scientific nothing to do with “Police Science and members of the judiciary who constitute
Criminology” (i.e., Scientific aids to the Investigative Procedure” or even with our criminal justice system. Further, its
detection of crime), Police science, “Forensic Science”. It is this kind of introduction would make our police and
Police investigative procedure as well attitude which perhaps gives us our custodial officers more scientific minded
as criminal law must, therefore, find place inadequate investigators and ignorant and thus pave the way for abolition of
in a meaningful compulsory syllabus on prosecutors who due to their own third degree and custodial violence.
Academy Journal 54
In today’s world, we must place microscopic level, a case becomes finely out a switch on Canadian soil. However,
as many tools as possible in the hands focused and well defined. When the fine the sand and iron were subjected to a
of law enforcement. With the collection elements of an evidence chain are clear, forensic geological examination to try
of geological and soil products from the entire investigational process is and establish provenance.
exhibits and transport vehicles, strengthened.
evidence can be developed that would The iron was examined and
normally be lost. The greater the A forensic geological examination determined to originate from Italy. The
geographic distance between incident may include air photograph or satellite sand was examined and determined to
events, the greater the potential for imagery interpretation, or the use of have originated from a tropical/ sub
significant evidence generation. geophysical or highly specialized tropical environment. The associated
Forensic geological analysis is based on analytical laboratory instrumentation. minerals, found in the sand and physical
the premise that every soil or mineral Each if these tools are important to the condition of the grains provided
exhibit has provenance. Provenance is investigator in a range of incident types. sufficient information to suggest that the
determined by the ability of the The list of incident types is not confined switch would most likely have occurred
investigator to establish that the exhibits to, but include, arson, bombings, in Ghana.
are site specific. The degree of locating and the examination of
individuality and nature of the specific clandestine graves and poaching. GENERAL USES FOR A FORENSIC
mineralogical elements is the key in GEOLOGICAL EXAMINATION:
pronouncing the significance of that The power and value of a forensic
provenance within the confines of the geological examination can only be fully • Placing persons and vehicles at
incident. Being able to establish the scenes of violent crime.
appreciated once its past uses are
regional provenance of a mineralogical detailed in case studies. Enlightened • Tracking pathways taken to and
exhibit will have more significance in an investigators will then see how this type from scenes and in abductions.
international case than a local incident. of examination can assist in developing • Time of death determinations in
other facets of an investigation that may grave sites by soil alteration.
However, localized site-specific otherwise be lost. Every criminal • Matching stolen items to original
sites.
determinations can be made by shape, investigation deserves to have all
textural and contamination features potential avenues of examination • Placing suspects at poaching
scenes.
found within the confines of each explored and utilized, if appropriate.
exhibit. In highly industrialized areas, the
• Placing suspects at arson scenes.
presence and nature of localized
• Determining sources of drug
CASE shipments and transportation
contamination features may provide a routes.
host of statistically significant individual In 1997, a gold shipment valued at • Tracking border point violations.
markers. The local geology may be $3 million went missing. The shipment • Locating clandestine grave
homogeneous on many levels, but the originated from a placer mine in the locations.
position and nature of the human interior of the country. It was reportedly • Tracking suspect movements and
contaminants within the sample may shipped to a facility in London, England international ties in terrorist
provide the elements required in the and then to a warehouse in Amsterdam, bombings.
investigation to merit weight in court. Netherlands. The shipment was then • Reducing possible search areas for
sent to Toronto, Canada where it missing pesons and graves.
In all legal proceedings, forensic ultimately was opened and the gold was • Providing forensic evidence at
examiners provide individual elements discovered missing. train and plane crash scenes.
of a case. It is the duty of the courts to • Tracking movements of serial
weigh the value and significance of each The shipment had been made in a killers across the country.
piece of evidence presented. Forensic collection of locked wooden storage • Utilization of geophysical
examiners are first-degree legal crates. The loss was not noticed as the equipment in crime scene work.
historians that provide stepping-stones contents had been replaced by sand and • Airport data interpretation.
for the court to traverse the convolute iron ingots. The Canadian police were
path of a criminal investigation. A now faced with the task of determining • Ground truthing for satellite data
interpretation.
forensic geological examination forces where the theft occurred to establish
the investigator to examine all of the jurisdiction. The boxes had been • Mine site disaster examinations.
potential trace evidence that may arise properly sealed and tagged at Canadian • Development of protocol systems
from an incident. By reaching down to a customs which assisted greatly in ruling for policing.