Corruption in police departments: Undoubtedly subject matter is concerned with the government of the state but representation was submitted to the accountable public functionaries of state and senior rank officers in the state and when the aggrieved didn't get justice then he preferred to submit the application before the central government as justified in the federal system where central monitors the activities of the government through its agent i.e. governor and his office and this agent gives its report to centre that whether the government is running in accordance with the framework of the constitution or not? Consequently, the central government takes action in order to establish the machinery of the state in accordance with the framework of the constitution if the state does not support then centre may also take action against the government of the state. Here applicant is aggrieved with the lawlessness and anarchy in the state so wants to seek interference of the appropriate public functionaries in the matter against the unlawful step of the public functionaries of the state but incompetent staffs of the government of India habitually as made practice, sending the matter to state in the name that matter is concerned with the state government which is reflection of lawlessness, anarchy and chaos in the system. When our courts have been unresponsive, then where to seek justice a common man is a burning question?
Things which can't be separated is police and bribery in Tamilnadu. FIR can never be filled for victims if report the crime to the police station. Instead police join hands with criminals and threaten the victim to lodge FIR and legal action against victim. Finally the victim will not have any choice and to be under the control of criminals through police. In this process criminals and police enjoy the freedom of judiciary power and money and the victim is victimized again.
Dear Dr. Kumar,
I appreciate your dismay. I am presently occupied with an Australian case of police corruption involving police officers of an Australian State. The situation may be analogous to your circumstances in India. Australia and India have comparable constitutional frameworks and a common Commonwealth heritage.
Past efforts to refer the Australian State matter to federal authorities were unsuccessful. Nevertheless, I think that involvement of a federal instance is the most effective approach in the Australian case. I have identified a range of Commonwealth criminal offences which may provide a basis for private prosecution proceedings under the s. 13 of the Crimes Act 1914 (CTH).
Assuming that you cannot persuade Indian federal authorities to intervene, and supposing that there were a legal basis for such intervention, have you checked whether private prosecution is procedurally possible in the Indian federal jurisdiction?
Thank you Mr Lusk. Yes we have options but not exactly. Refusal to lodge an FIR on jurisdictional ground amounts to 1 year of Imprisonment for the Police officials. A Petition may be registered and submitted to the Chief Justice of the concerned High Court / Chief Justice of India, Supreme Court, asking them to take Su Moto Cognizance of the alleged contempt of the Court. Further, a copy of said letter may be sent to the concerned Police Officer. The status of such letter petition can be inquired through an application under the Right to Information (RTI).
IPC Sections 96 to 106 of Indian Penal Code, 1860 states the law relating to the right of Private Defence of person and property. These provisions under the Indian Penal Code gives authority to a man to use necessary force against wrong doer for the purpose of protecting ones own body and property and also another's body and property when immediate aid from the state machinery is not readily available and in so doing he is not answerable in law for his deeds.
(i) Right of private defence of body,
(ii) Right of private defence of property.
Case details with diary Numbers from NHRC.
1483/22/13/2018-123436/CR/2018
798/22/37/2018-49584/CR/2018
872/22/13/2018-57824/CR/2018
795/22/13/2018-53350/CR/2018
456/22/2/2018-50035/CR/2018
2294/22/37/2018-176288/CR/2018
10/22/13/2019-217726/CR/2018
Diary Numbers from NHRC
12890/CR/2019,12892/CR/2019,325/IN/2019,220229/CR/2018,219503/CR/2018,220098/CR/2018,217726/CR/2018,215884/CR/2018,215887/CR/2018,214519/CR/2018,212505/CR/2018,211252/CR/2018,204054/CR/2018,184861/CR/2018,176070/CR/2018,
176071/CR/2018,122483/CR/2018,1837590,123436/CR/2018,122483/CR/2018,89531/CR/2018,57551/CR/2018,52146/CR/2018,49261/CR/2018,49261/CR/2018.
Summary of petitions files in PM office
PMOPG/E/2018/0573742, PMOPG/E/2018/0437387 and PMOPG/E/2019/0014460.
GOVTN/E/2018/02406, GOVTN/E/2018/02507, GOVTN/E/2018/00485, GOVTN/E/2018/01081,GOVTN/E/2018/01156, GOVTN/E/2018/01397, GOVTN/E/2018/02091,GOVTN/E/2018/02637.
Summary of petitions files in Collector office
2018/9005/03/345782/0510, 2018/9005/29/646204/0917, 2018/9005/29/642140/0912
Summary of petitions files in President office
PRSEC/E/2018/16187 and PRSEC/E/2018/04351
Summary of petitions files in CM office
2018/966761/SE,2018/966759/PL,2018/966758/KC, 2018/961668/SQ,2018/947410/FF,2018/947409/AQ,
Summary of petitions files in NALSA office
Ref. 11/02776/2018 and 11/01292/2018
Summary of petitions files in Police stations
TLS1856992, RAS1818447 and BAS1814795
Summary of crimes registered in Police Commissioner's office Chennai
Crime III(3)/1124/119936/2018, Crime III(1)/227/66307/2018, Crime III(3)/703/113931/2018.
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