Mr. Shikhar Kaushal, Symbiosis Law School, Hyderabad
“An effective police system is the substratum on which the whole edifice of constitutional wills maintenance of law and order, detection of crime, and enforcement process of social legislation.”1 Police, the largest and the most important law enforcing agency, has, no doubt, a special responsibility for the protection of human rights. But its role as a protector of human rights takes a beating, when the protectors themselves are accused of violating them. It cannot be denied that the police in India do often function in an illegal manner.
Due to the low salary of the low ranking police officers, corruption is there among low ranking officers. The Indian government also has yet to recognize the immediate need to improve the working and living conditions of low-ranking police Political interference is also one of the reasons of police malicious acts... In 2006, the Supreme Court handed down a landmark decision, Prakash Singh and Others v. Union of India and Others2, that directed the central and state governments to enact new police laws to reduce political interference. Unfortunately, the central government and most state governments have either significantly or completely failed to implement the Court’s order.
In this paper, the author explores the option of whether a judicial remedy in the form of a cause of action against police officers in their individual capacity for violations of constitutional rights might enhance oversight conducted by the Police Complaint Authorities. The paper also ascertain whether there have been acts of omission and commission which have resulted in improper or defective investigation and whether such default and acts were deliberate, unintentional or resulted from unavoidable circumstances of a given case. The author through this paper also brings the cases in light where police have intentionally misused its powers to save the accused.
KEYWORDS: Police, officers, corruption, investigation, malpractice.