Making their own laws

Witnesses turning hostile, doctored evidence, fictitious alibis... These have come to plague the criminal justice system, making it putty in the hands of the rich and famous, writes Anita Joshua.

WITNESSES TURNING hostile, doctored evidence, fictitious alibis. They are all staple ingredients of Bollywood pot-boilers. Have been for quite a while. Today, this masala of reel-life courtroom dramas has come to plague the criminal justice system of the country, making it putty in the hands of the rich and famous.

And, it's all out in the open. There was nothing clandestine in the manner in which Shyan Munshi - an eyewitness for the prosecution in the Jessica Lal case - resiled from his police statement on May 3 this year. It was no different when three eyewitnesses - one of whom had offered to stand witness - in the BMW case turned hostile.

In both cases, a measure introduced by the Legislature to speed up the criminal justice system made it easy for the eyewitnesses to do a volte face. ``We need to go back to the pre-1973 system where statements had to be recorded before a magistrate in which case the witnesses found it difficult to resile for fear of prosecution,'' says the seasoned lawyer, Mr. K.T.S. Tulsi. In his opinion, cutting corners has not paid the desired dividends but has, instead, facilitated corruption. ``It is a low risk, high profit business.'' Recording of statements by the police without even witness' signature has made it easy and, often, profitable for eyewitnesses to later disown them.

In fact, efforts to derail the process begin much earlier. In both the BMW case and the Jessica Lal case - the prime accused being the grandson of a former Chief of the Naval Staff, and the son of a former Union Minister respectively - efforts were made to tamper with the evidence. Further, in the Jessica Lal case, and the black buck case involving Salman Khan in Jodhpur, the investigation process was also sought to be influenced. While some measure of success was achieved in the former with the transfer of the key investigator and Station House Officer a little over a fortnight after the murder, the bid to remove the Investigating Officer in the Black Buck case was aborted.

Mr. Ashok Kumar, a trustee of Wildlife Trust of India, says attempts were made to weaken the case against Salman Khan and his co-stars by doctoring the crucial post-mortem examination report. ``The veterinary doctor attributed the death of one of the animals to `asphyxia caused by overeating' and another to canines killing it after it fell into an open ditch.'' Suspecting foul play, forest officials suspended the vet, set up a medical board, exhumed the bodies, and conducted a second post-mortem examination in which gun-shot wounds were detected.

What makes environmentalists particularly optimistic about a conviction in this case is the attitude of the Bishnois. Key witnesses to the hunting of black buck by the stars, the Bishnois - who revere the animal - are one with the prosecution on this case. Still, leaving no stone unturned, the prosecution got the statements of the Bishnois recorded in front of a magistrate to ensure that there is no going back.

For now, everything seems to be going in favour of the prosecution in the black buck case. But, it has taken the prosecution two- and-a-half years to get here and judgment day is still not in sight. And, it is because of such delay - partly due to shortage of judges - that the criminal justice system gets defeated.

``The delay can be harassing for the witnesses which, in turn, makes them more vulnerable to pressure tactics,'' rues Mr. Tulsi who attributes much of the ills that plague the criminal justice system and the low conviction rate to the state. ``It is neglecting the criminal justice system; thereby reducing the fear of the law among people. Fear of the law will not be instilled in the minds of law-breakers - particularly, the resourceful - without quick retribution.''

Though it is still early days in the Fardeen Khan case, eyebrows have been raised over the manner in which the Narcotics Control Bureau (NCB) did a complete turnaround in 24 hours. While arresting the actor, NCB officials had said that they had found nine grams of cocaine on him. A day later, they were singing another tune; telling a special judge that not a single gram of the drug was found on the actor.

If the real-life courtroom dramas mirror commercial cinema, the situation behind bars is no different from that depicted on celluloid when the high and mighty have to serve time. The capital's Tihar Central Jail - Asia's largest prison complex - is no exception. Jail officials admit that the law is loaded in favour of the guilty, and the rich among them - by virtue of being able to hire the best legal minds - normally get themselves released rather quickly. This is reflected in the profile of prisoners. Only a handful of the prisoners here are from rich families, though the bratpack involvement in criminal acts is increasing by the day.

Even among them, it is only those involved in sensational cases, such as Sanjeev Nanda and Manu Sharma, who are unable to get out easily; primarily, because of public attention. Still, each had independent cells. Most rich prisoners manage to get several concessions from jail authorities which allow them many of the comforts of their home in prison.

Then there are the likes of Subhash Gupta, prime accused in the Personal Point triple murder case, who spent much of his time behind bars in hospital where he managed to get a room to himself. ``Similarly, Sushil Ansal - among the main accused in the Uphaar fire - spent his time in prison shunting between Tihar and the All India Institute of Medical Sciences'', recalls Ms. Neelam Krishnamurty, mother of two children killed in the fire and the driving force of the Association of the Victims of Uphaar Tragedy (AVUT).

Given the pace at which the case has been proceeding and the fact that there are as many as 170 witnesses, the fear of many an AVUT member is that they might not live to see judgment day.

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