RIGGING: Senior law enforcement authorities have been accused of rigging cases on the instruction of a hostile government, as it happened in the Bhima-Koregaon case which resulted in the tragic death of the late Fr Stan Swamy. At the same time, no cases have been filed against the sant and sadhu in Haridwar who openly called for genocide of minorities in India recently!

By Adv Vinayak D Porob

Law enforcing agencies including specialised branches like that of the CBI and the enforcement directorate, have been used and misused by those empowered with government credentials. This leads to the framing of cases as in the case of Aryan Khan, the son of Shah Rukh Khan, who was allegedly framed by Sameer Wankede who was the Regional Director of the Narcotic Bureau in Mumbai. Ironically, it was Wankede who was held guilty of misusing and abusing his powers and engaging in extortion in collusion with politicians.

RECENTLY, the law enforcing agencies, protectors of law and officers of court who are supposed to be fighting for justice, were found to be involved in heinous offences which are very disturbing and painful — is Indian society heading towards lawlessness and anarchy where justice, law and the human conscience and consciousness has no role to play?
A matter of filing fake claim petitions by advocates in Uttar Pradesh before the Motor Accident Claims Tribunal and under the Workmen’s Compensation Act came up before the Supreme Court, much to the displeasure of the Supreme Court, as the Bar Council of UP failed to take action against the erring advocates and therefore, the Supreme Court was compelled to direct the personal appearance and presence of the president and secretary of the UP Bar Council. To question them about the status of complaints filed by the erring advocates.
A SIT (Special Investigating Team) was established in the year 2015 in order to enquire and examine court records and advocates’ files and only after formation of SIT, FIR was registered against the erring advocates. Certainly, police officers along with the advocates, are involved in this illegal process as a result of which litigants having genuine claims have suffered. It also appears that the officers of insurance companies are hand in glove and therefore in the Supreme Court, there was a submission made that only SIT (Special Investigating Team) is filing FIR and the insurance companies are not willing to be complainants in the FIR.

FAKE CLAIMS
DURING enquiry by the Supreme Court of the types of fake claims, they were characterized into the following categories: Firstly, where the person has died due to natural death and a motor accident claim has been filed claiming accidental death, secondly there are a large number of cases of fraudulent implantation of vehicles taking place and thirdly, there are cases of false implantation of drivers.
In another incident, a judge who is supposed to be the protector of law and whose duty is to impart justice, in the state of Jammu & Kashmir, is convicted and sentenced to 10 years in jail for raping and cheating a woman petitioner who appeared in his court in connection with a matrimonial dispute. The same judicial officer when the women was contesting a case against her husband promised her of legal help and under the guise of providing legal help, asked her to work as house maid for Rs5,000 per month at his residence as he was living alone.
After getting the woman’s marriage dissolved, the parents of the woman wanted her back with them. However, the judicial officer in order to avoid the woman leaving his house, filled her maang with vibhuti and told her that she is now his wife and secured her consent to have physical relationship with him! Later, he called a priest and some friends and solemnized the marriage in his house.
However, subsequently after a year, the woman came to know that the judge had already married another woman and had divorced his first wife — and hence a case of rape and cheating was filed. In a very heart-breaking and a cruel offence registered in Karnataka, a Special Public Prosecutor is found booked in a sexual assault and an attempt to rape in a case filed by a law student and an intern. One can’t imagine even the amount of agony and pain the budding lawyer must have suffered to have a sour taste of the legal profession before entering it, as we all know how tough the legal profession is for freshers, that is if one does not have a godfather in this profession.
Police are known to commit heinous offences by abusing their powers. The news of the earlier Commissioner of Police of Mumbai was buzzing in all papers for being allegedly involved in an extortion case and now again his successor is in the news for the wrong reasons, as his wife had lodged a complaint in the court alleging attempt to murder against him.

CONTEMPT OF COURT
IN another awkward incident, former Punjab police chief accused in a triple murder case, was warned by the court to be careful with his demeanour after he showed up at the virtual hearing lying on his bed. Similarly in Madras, the High Court has initiated contempt of court proceedings against a lawyer who was seen in a compromising position with a woman during court proceeding which was held via video conferencing.
From the attitude of these erring lawyers, judges and police it appears that they have no fear of law and courts of justice, when in fact they are supposed to be the protectors and implement the laws of the country. The law enforcing officers, advocates, prosecutors and judges, if they start committing offences than one can imagine what the state of affairs in this country is. It appears that citizens have no fear of law as I feel presently the level of enforcement of law in the country has come down due to corrupt administration and at present the safety of the people is at great risk, as even literate and high designated officers are committing heinous offences – all this is extremely sad to see.
A Kanpur-based lawyer was shot dead in the violence that broke out in the Kanpur Bar Association elections where the voters were all advocates. One cannot even imagine if elections among the literate is leading to a violent murder, than what would be the state of affairs in a general election wherein most voters are illiterate! All elections in India are marred by violence and be it any election, violence is part of it in India, and sadly in the past also we have seen several elections-related violence.
Since elections in Goa are approaching, I hope that there is no violence in Goa during the election period, as there is resentment among party workers due to sudden and abrupt input of candidates by political parties in Goa. This has infuriated the hard-core loyal party workers. The political scenario in Goa is so unpredictable that a candidate in a month is seen joining and leaving different political parties, which again caused resentment and frustration amongst their voters and especially the karyakarta — as politicians are behaving in a manner which is worse than the courtesans!

Note: This article is written by advocate Vinayak D Porob with the assistance of adavocate Baggio Monteiro and advocate Sanket S Mahambre and is the personal opinion of the writers.