State to pay for cops' crime

PATNA: In a damning indictment of policing in the state, Bihar Human Rights Commission (BHRC) on Tuesday directed the state government to pay Rs 40,000 each as compensation to ten persons who were jailed on fabricated charges of murder and kidnap in two separate cases. The rights commission has also recommended appropriate action against the then SPs after their conduct is "examined at the government level".
It was in December last year that the commission took suo motu cognizance of two news-reports in The Times of India on the sham police investigation into Rohtas' Nokha police station case no.70/2007 and Karakat PS case no. 204/2009. In the Nokha FIR lodged by a villager, eight persons were accused of kidnapping his son. The investigating officer investigated (sic) the matter and found the accusation true. The then SP, N H Khan, okayed the findings (sic) and ordered the arrest of the accused.
They were promptly forwarded to jail while the 'kidnapped' boy, spotted loitering freely in faraway Sonepur months later, deposed in the court that he was not kidnapped.
In reply to the rights commission notice in this regard, the Bihar police virtually attributed the faux pas to the "pressure" on the SP due to submission of a representation in the chief minister's janata darbar. The SP was originally of the view that a conclusion should be reached after the recovery of the alleged kidnap victim, but after the CM office forwarded the representation to the SP, he took the view that the accusation should be assumed to be true as there was no trace of the victim even after six months, explained the police reply.
"It is clear that the change was due to pressure," BHRC chairman Justice (retd) S N Jha said, apparently refusing to buy the theory that innocent persons should be jailed by an SP just because he was under 'pressure'.
In the Karakat case of murder, SP Vikas Baibhav based his supervision report on the basis of the statements of 'witnesses'. The two alleged accused were subsequently jailed. However, it later turned out that the complainant himself was the killer.
Thankfully, red-faced Baibhav immediately moved the court and secured the release of the innocent accused. But the alleged abduction accused were not so fortunate. "The police claim to have filed an application (seeking permission) for further investigation on which no order was passed," the rights commission order reads and wonders why police do not request the court to spare the innocent accused.
While the BHRC has sought a compliance report from the government within eight weeks, state DGP Neelmani told TOI the commission's order would be complied with. Asked if the police HQ would initiate any move to prevent recurrence of such blunders, the top cop said such aberrations should not be generalized. "In case specific complaints come up, corrective steps would be taken," he said.
One wonders what would be the exact "corrective steps" that would satisfy victims of armchair investigation helmed by SPs who order arrests sitting in their air-conditioned offices.