Creation of an independent and autonomous investigative agency is need of the hour: CJI NV Ramana

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The Chief Justice of India NV Ramana today while delivering a lecture at the 19th D. P. Kohli Memorial Lecture of Central Bureau of Investigation on "Democracy: Role and Responsibilities of Investigative Agencies" said that "unfortunately, our investigative agencies still do not have the benefit of being guided by a comprehensive law. Need of the hour is the creation of an independent and autonomous investigative agency."

CJI Ramana further said that it is imperative for the organization to be headed by an independent and impartial authority, to be appointed by a committee akin to the one which appoints the Director of the CBI.

"The justice delivery system of independent India draws its legitimacy from the Constitution. Every institution within our democracy must derive its legitimacy either directly from the Constitution, or from a law that is made in the true spirit of the Constitution", CJI Ramana said. 

In addition to this, speaking about the issue of modernization of the Police system, CJI Ramana said that it is an officially acknowledged fact that there is an urgent requirement for modernizing the police system, and there should be a political will to ensure democratic policing. Without such reform, the police stands to appear out of touch and outdated, he added.

CJI Ramana quoted an author and advocate of criminal law, Sri Rachakonda Vishwanatha Shastry showing the predicament of a foot-soldier in the police force:

“What kind of a job is this? We die every day!

As the sun rises, you see 4 dead bodies, 10 accidents and 20 thefts.

As if this is not enough, you have to look after

the security of ministers –

20 from Hyderabad and 60 from the Center.

We don’t get to eat or sleep.

We get roasted in the hot sun.

In between, someone comes and says ‘my wife eloped’;

another says ‘my daughter is missing’;

yet another says

‘my mother-in-law beat me up’.

There is no end to such silly complaints.

Everyone wants the Police!

Other day, some big company director, called us to complain that there was a snake in his backyard.

Does he think we are snake charmers?

No one is willing to spare a dime.

Sub-inspector expects monthly collections of 1,000 Rupees.

Whose money? … People’s money.

Do I have any share in that? … Nil.

Getting 100 rupees per month is a Herculian task.

But when it comes to real work,

I get 4 charges and 6 show-cause notices daily.

After making a water-tight case, you reach the court and you find the advocates waiting like vultures. Witnesses are bribed to turn hostile.

Every case has thousand loopholes…

everybody gets acquitted, and we get strictures in the process.

No sleep, only tea, not even gruel for us.

Finally, when I get to go home, I cannot even recognise my wife.”

CJI Ramana said that there is no doubt that the imperial police created by the colonial masters was modeled to subdue and control the Indian citizenry but the misuse of police by political masters is also not a new feature.

"The British Empire deployed domination, surveillance and coercion, which remain the enduring feature of the Indian police, however, post-independence, the reforms undertaken within the police forces have not been up to the popular expectations, CJI Ramana stated.