NEW DELHI: Six years after the Supreme Court directed the separation of investigation and law and order functions of the police; the Union ministry of home affairs (MHA) has decided to approach the finance ministry to provide Central funds to the states to implement what will mark a big boost to law enforcement.
The splitting of the two police functions is considered to be crucial for the administration of justice. Saddled with law and order functions, the police are often unable to pay adequate attention to crime investigation. The inadequate, and often shoddy, probe helps the resourceful criminals, besides leading police to take short cuts to show results: a trend that can result in framing of innocents.
But the implementation of the crucial order has been snagged by the Constitution — a mandated division of labour between Centre and states, and with an acute resource crunch facing the latter. "Law and order" being the responsibility of states, the responsibility of implementation can be said to rest with them. However, states are reluctant to implement because of scarcity of resources.
The MHA's pitch to the finance ministry for funds to help out the cash-strapped states can help tackle the problem.
The approach to the finance ministry comes when terrorism and the growing number of organized crimes have underscored the need for specialized investigating skills which are absent from the repertoire of the police personnel.
The MHA, which is still fine-tuning the proposal, will convey the same to states once it obtains the financial ministry's nod. The MHA will be seeking Central funds to bear a part of the additional burden on states for implementation of this crucial police reform, at least for the first few years.
'Probe quality poor'
An indication of the upcoming proposal was given by Union home secretary RK Singh while addressing a function organized by the LNJN National Institute of Criminology and Forensic Science here on Saturday. While pointing out the "disconnects" in criminal justice system, Singh sought immediate remedies to help the states improve the quality of investigation and prosecution.
Insisting that funds were needed to incentivize the delivery of justice in states, Singh said he was hopeful that the finance ministry would be able to generate the resources.
"Where would the Centre find funds for the incentives? When I go to the finance ministry and ask for funds, I am told that police is a state subject. We need to find the money somewhere. I will be able to persuade my colleagues in the finance ministry to do that," he sought to assure the gathering that comprised police and judicial officers, besides forensic scientists.
Earlier, Singh pointed to the deficiencies in investigation and prosecution of criminal cases in the states. He said several police stations lacked the basic resources for a scientific and professional investigation, which was impairing delivery of justice.
"The quality of investigation leaves much to be desired ... Most police stations do not have the equipment to even pick up fingerprints ... Scientific investigation is a far cry. Unless we take step to professionalize criminal investigation, we will not be able to deliver justice," he said.
Also lamenting the prosecution system, Singh said its separation from investigation in 1973 had "not produced very good results".
Accountability of officers in investigation and prosecution existed in the 1950s and 1960s because courts began trial immediately after the charge sheet, he said.
"If the case resulted in conviction or acquittal, it was a clear commentary on the quality of investigation. (Under the earlier system,) if there were numerous acquittals in cases investigated by an officer, then there would be censure or black mark and they would not get promoted. There was accountability," he added.
Singh also commented on the limited capabilities of forensic laboratories across the country. He said these labs often took two to three years to report back to the investigating officer, by which time the person would have been transferred.
"There are huge vacancies in (in labortatories). Nobody takes interest in the states," he said.
Noting that quick remedies were needed to address the deficiencies in the criminal justice system, Singh said the accused often walked free as the delays often made the people lose interest in pursuing the case.
