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Law Enforcement and order maintenance is the prime responsibility
of the police in any society. The word “Police” is derived from Latin
word Politia, which stands for state or administration. Police is the
main agency through which preservation of peace and order is
ensured by the government. The job of the police is difficult,
hazardous and can be unbelievably thankless. Indeed, from no
other profession, so much is demanded which so little recompense.
Police profession also lionizes toughness and machismo qualities,
necessary for ceaseless battle against the forces of lawlessness and
disorder. This stern message was continuously drummed into our
ears during our training as probationers’ days at the Central Police
Training College, Mt. Abu. We were told that the police service was
not for the weak and faint- hearted and not for people with namby
pampy thoughts and utopian ideas. The war against crime is
unending, a Sisyphean task meant only for the tough and
undaunted.
During my period of practical training as Assistant Superintendent
of Police, Cuttack, some of the old war horses, including my SP,
repeated the same adage and asked me to forget what had been
taught in the training school and adjust myself to the stark ground-
realities. The dominant police view is that, "ends justify the means"
and for ensuring that criminals get their just deserts, the Police, if
necessary, should bend rules and get round laws and not hesitate
to practice what is called "noble cause corruption". Good policing is
not possible by acting within the four corners of law.
Fortunately, during that period I have had the opportunity of
coming in close contact with the then Chief Justice of Orissa High
Court, R.L. Narasingham. He was a member of the Indian Civil
Service (ICS) but opted for the judicial side. Short and gaunt with
sparkling eyes and smiling face, he was a simple man unaffected by
the dazzle and majesty of the service he belonged to.
The first day I met him at the Cuttack club, his immediate
question was why I do not come for playing tennis-a de-rigeur for
an assistant superintendent of police. I mumbled some excuses, but
there was no escape. Narasingham used to come regularly to play
tennis in the club. I used to get calls from his Registrar that His
Lordship wants me to come to the club to play tennis that too in
proper kit. Thus, began my initiation in tennis. The tennis marker
of the club Pankaj gave me many useful tips and I was able to pick
up the game tolerably well within a short time. This proved to be a
boon in my long service career. Later on, as the Director of the
National Police Academy, I played and enjoyed tennis with the IPS
probationers and thereby forged a close understanding with many
of them.
However, to go back to my Cuttack days, I also had the chance of
long and interesting tête-à-tête with Justice Narasingham after the
games. He had a sharp analytical mind and his observations on
contemporary events and dramatis personae in Orissa's political
firmament were both incisive and insightful. He also recounted with
evident glee, interesting anecdotes, including scandals about some
of the leading lights of the club. Because of his civil service
background, he was quick in taking decisions, a quality missing in
many in judicial fraternity. I shall always remember one of his
many memorable aphorisms which later on I have repeated to many
of my junior colleagues and probationers. He asked me to always
remember as a young police officer that the role of the police is to
maintain law and order but order through law otherwise, dacoits
any day could maintain better order than the police.
Over the years, I came to understand and appreciate the
importance and import of this insightful observation and tried to
adhere to it to the best of my capacity. It helped me immensely in
my discharge of duties. In police job, one has to constantly
encounter the dregs of society, the scum of earth and witness man’s
inhumanity to man. Many policemen, says Berkley criminologist,
Gordon Misner, “Picture themselves as crime fighters standing
against the Mongol hordes without the support of the public,
politicians or courts”. This misconceived zeal makes them think that
the hardened criminals will not respond to normal methods of
investigation and detection and so they resort to practices, which
are downright questionable and illegal. But this, without doubt, is a
perverted and wrong approach. Crime is contagious, and there will
be utter contempt for law if police themselves become the
lawbreakers. In any democratic society, law vests vast powers in the
hands of the police to curb lawlessness of anti-social elements but
also keeps provisions to ensure that these powers are not misused
or abused to imperil the freedom of the citizens. The mandate of the
police to use force to curb violence raises the key issue that police
themselves should not indulge in unnecessary or excessive use of
force. Lawless police is an abomination in a free society. It is
mistakenly argued that to control the dreaded criminals or
terrorists, tough policing involving violation of laws and rules is
necessary, if not unavoidable.
With my long years of experience in active policing, I have always
felt that this is an erroneous argument, and there is always the
danger of police officers sliding down the slippery slope. Once a
certain degree of force is permitted, the police officers face an
overwhelming temptation to apply as much force they consider
necessary to obtain the sought-after information. I have seen
promising careers of young police officers coming to a sad end on
account of transgressing laws and perpetrating illegalities due to
the mistaken notion that end justifies the means. In any conflict of
ends and means, the point to be borne in mind is that if the ends
are important enough to justify the means. Conviction of a criminal
is important, but more important is the fact that in a liberal
democracy, the police are expected to carry out their activities in a
manner that advances the value of a liberal society. Adoption of
impermissible means may ultimately undermine the end. The
Independent Commission of Police in Northern Ireland (Patten
Commission) has aptly said that “bad application or promiscuous
use of power to limit a person’s human rights by such means as
arrest, strip-and-search, house searches, can lead to bad police
relations with the entire neighbourhood, thereby rendering in effect
policing of those neighborhoods impossible". Adoption of unlawful
means damages the standing of the police and also their
effectiveness. To my mind, Narasingham’s perceptive words sum up
the essence of law enforcement and order maintenance–core
functions of the police.
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