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Tuesday, July 10, 2001

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Police in the dock

Sir, - I am writing this on behalf of the Institute of Contemporary Studies Bangalore (ICSB), a trust set up by six former police officers, all of whom were closely associated with police, security and intelligence matters at the leadership level.

What happened during and after the arrest of the former Tamil Nadu Chief Minister was outrageous. There are different and conflicting versions of the sequence of events.

The episode raises some basic questions.

Is there not a fundamental misconception among policemen that arrest is a prerogative to be exercised at their will and pleasure in any manner they choose to? Are there not enough and more orders and guidelines (including recent guidelines from the National Human Rights Commission) which stress that arrest is only an enabling provision to be used with care, compassion, circumspection and restraint and that too only if the purpose intended to be served by arrest cannot be achieved by other means? Is it to be used indiscriminately in a callous manner totally disregarding the facts, circumstances and implications of the exercise of this power?

The police, affected most by public perception and misperception, is squarely in the dock. The Tamil Nadu police would do well to seek an independent inquiry to ascertain and establish the facts and declare that they will abide by its findings.

S.N.S. Murthy, IPS (Retd.)

Bangalore

Sir,- It is true that the Supreme Court has given ``The Ten Commandments'' on what the police officials should do when they arrest a person. But the Supreme Court has not said anything about what the police should do if the person to-be-arrested opposes and resists the arresting officers and that too with the help of a powerful person like a Union Minister. So the police has to act according to the criminal laws of the country. They have not exceeded.

It is strange to note that the DMK never asked for a judicial inquiry if they are certain they acted within the laws at the time of arrest of the former Tamil Nadu Chief Minister.

Dr. C. Aranganayagam

Chennai

Sir, - ``What is your heart made of? Muscle or mud?'' was the question flung by the judge in Chennai at the police officer. I wonder if the senior police officer of the rank of DIG is expected to show the other cheek if slapped by any person, however high or low, while discharging his lawful duties.

A.V. Srinivasan

DSP (Retd.), Chennai

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