Suggesting that the framework of the criminal justice system is outdated and needs an overhaul, retired Indian Police Service (IPS) officer Amod K Kanth in his book says that the people in the present system are the ones who don’t want it to be changed.
Kanth’s soon-to-be-released book — Khaki in dust Storm — is the memoirs of his career in which he served in different capacities in the Home Ministry, Central Bureau of Investigation (CBI) and the Delhi Police. The book comprises incidents related to many high profile cases such as India Gandhi killing, 1984 Sikh riots, transistor bombs, and Rajiv Gandhi assassination, which were not in public domain till now. In a conversation with Parvez Sultan, Kanth talks about the making of his book, police reforms, encounters, and cases which he investigated. Excerpts:
You have written that the vintage Indian Police Act of 1861, made post the first Indian War of Independence in 1857 to create a repressive police force, continues to be an archaic and unchanged system. Do you believe that it is high time to introduce reforms in policing in the country?
AK: Indian Police is a direct product of 1857, first war of Independence because before Sepoy Mutiny, the country was under the control of East India Company. Then the British monarch took over and set up a new kind of justice system. One of the most important tools was Indian Police Act 1861. The police created an army; different sort of force for different objectives — to control and suppress Indian People. It was not to facilitate and feel them secure or comfortable. Police are still an instrument to control and to suppress at times. The police must serve deprived, disabled, minorities, children, women, elderly, and weaker sections of the society.
So, is this the time to introspect? Are we serving them? If not, what are the reasons?
AK: According to me, one of the reasons is that the police have to function within a watertight framework or a framework at least. But this framework of the criminal justice system appears to be outdated. It needs to be radically changed. But the biggest obstruction is that the government, the people in power, bureaucracy, senior police officers may be of them, who are taking advantage of the present system, don’t want change. The National Police Commission suggested several changes and reforms in 1975-77. Retired IPS Prakash Singh also filed a petition in the Supreme Court. In 2006, the verdict said that all the recommendations must be implemented. It has been 14 years, nothing has happened.
Which are the most ‘interesting’ and ‘difficult’ cases you have handled, during 34 yrs of service?
AK: To be precise, Rajiv Gandhi assassination case was extraordinary because unlike Indira Gandhi or Mahatma Gandhi killing, where the perpetrator or perpetrators were arrested from the crime spot, Rajiv Gandhi case had huge background and a conspiracy hatched internationally. The network was big and a lot of preparations were behind this planned operation.
Another interesting case was a stock market scam involving Harshad Mehta. He considered himself a patriot, who believed that he had done a great service to the nation. Jessica Lal murder case was also a difficult case in which an entirely wrong judgment was passed by the trial court. It was a complete collapse of the criminal justice system. I investigated the case under adverse circumstances and huge pressure. Even, the witnesses were bought over.
What is your take on ‘encounters’ by the security forces?
AK: I am vehemently against police officers, who take laws into their hands. However, I also feel that sometimes, it is required but there is no scope for fake encounters and wrong encounters. I don’t approve violation of the laws and fake encounters at all.
Have you ever been threatened and pressured while handling a high profile investigation?
AK: Threats and pressure are always there to influence the investigation. It is a very common thing and there is nothing to hide about it. What I am trying to say is that a good investigator should not compromise. And about threats, you can put it this way without being specific, pressure exerted on me but I handled it. During the investigation; media, the family and relatives connected to the victims have a role to play. The accused and his friends, supporters, lawyers, and influential people associated with them try to put pressure. The criminal justice system is abundantly under pressure all the time. I have taken them in stride as part of life.
You have mentioned in the book that the period between 1980s-91 was most violent. How did it impact you as a human being or a police officer?
AK: 1984 riots completely transformed the way. I looked at my life. A horrifying and a transcendental kind of change took place. I thought about how could I bring about a cathartic change as a police officer. It affected me emotionally. Prayas Juvenile Aid Centre (JAC) Society is the outcome of that experience. It was started in 1988 to help children. It has now grown into the largest NGO in the country. It employs 700 people and runs 200 centres across 10 states. We are having 38 homes or shelters, 70 centres for skill development and six children helplines.