And it will continue to be a Crime State, until either (1) People of UP will say STOP IT or 2) When crime in Uttar Pradesh will so much increase that either Supreme Court or Allahabad High Court will invoke Article 21 and will say, "STOP THIS NOW"
Two things are clear to me;
1) People have no power to ask Government to STOP CRIMES.
2) Secondly, Judges of Superior Courts will not take up this issue until datail relating murders being wound up as suicides, accidents, heart attacks and encounters are properly compiled and filed in court.
It is always impossible to collect such datail and it is also unwise to collect such datail. Because, the social activist may get exposed to direct enmity with criminals.
So, right now, there is no hope for UP to become a SAFE TO LIVE type State.
Two things are clear to me;
1) People have no power to ask Government to STOP CRIMES.
2) Secondly, Judges of Superior Courts will not take up this issue until datail relating murders being wound up as suicides, accidents, heart attacks and encounters are properly compiled and filed in court.
It is always impossible to collect such datail and it is also unwise to collect such datail. Because, the social activist may get exposed to direct enmity with criminals.
So, right now, there is no hope for UP to become a SAFE TO LIVE type State.
A) HOW THIS PROCESS OF CRIMINALISATION BEGAN IN 1975
We need not go into politics of how and why it happened. But it did happen on 28.11.1975.
From that black day, Sec. 438 of Criminal Procedure Code is made inapplicable in UP. This is the provision, which empowered people to protect themselves against political & false arrests.
In absence of such provision in law, the people of UP are at mercy of Police and Politician.
It is possible that I may be wrong. The Lawyers and Judges in UP may have found out some way to protect people even in absence of Sec.438. I have no idea. So I say nothing further.
B) What Does Sec.438 Say:
It says that whenever you fear any police officer, you can go to nearest court and you can tell judge about all your fears by filing application under Sec.438.
If the Judge will see some truth in what you are saying, he will immediately pass an order and direct Police to not touch you and not to put up you in police lock up without permission of the Judge.
This will immediately, make you fearless.
This Provision is available all over India except in Uttar Pradesh.
C) Why a Police Officer will want to pick you up and beat you up though you may not have done anything?
Transfer of a Police officer from one place to another place, is at mercy of sweet will of Government or Politicians who may be in power.
Therefore, all police officers are likely to obey the politicians and their masters and they will do whatever their bosses will say.
Rest, may better be left unsaid.
Haresh Raichura
16/04/2012