Hiren was a close aide of a minister in his constituency. He is known for hisrough and tough methods of working. Once he got into a fracas in a mall and badly beat up a shop owner’s son. Normally, Hiren had his way in such matters. However, the shop owner took a firm stand and registered a case against Hiren. The police officer in charge was new and was proceeding according to law. He refused to dilute the case against Hiren. He makes frantic appeals to minister for help. The minister arranges for the transfer of the police officer, and his replacement by another officer close to him.
How will you respond to the police officer’s conduct in this case?
1. The police officer showed lack of realism and does not understand how things actually work out in criminal administration system at present.
2. He should have-in order not to draw the minister’s ire-tactfully delayed the investigation.
3. The police officer acted correctly.
4. The police officer should have watered down the case, but at the same time advised the trader to approach the court for applying more stringent legal provisions.
The first answerchoice is incorrect.Policeofficersshouldscrupulouslyfollowthelaw whileconducting investigations into crimes. They should apply the legal provisions based on the facts of the case without getting influenced by extraneous factors. By acting according to the first answer choice, the police officer would be behaving prudently or opportunistically to stay in the minister’s good books. He would be failing in his duty.
The second answer choice is also incorrect. The police officer has to act promptly and pursue the investigation. In such matters, the case gets weakened by the very process delay. If the police officer follows this answer choice, he would be acting strategically in his self-interest, and not diligently discharging his duty.
The third answer choice is correct. The course of action in this case is clear. A legal duty is cast upon an investigating officer in virtue of the official position he holds of duly taking cognizance of offences and pursuing them speedily and diligently. As this is his legal (and also moral) duty, he should not be distracted by other strategic or personal consideration.
Clearly,theminister is guilty of misusing hisoffice. He hasinterfered in theinvestigativeprocess. The new police officer may toe his line. But this should not worry the present incumbent officer. Each individual is responsible for following the official code irrespective of what other may do. As regards the minister’s conduct, it is clear that he has tampered with the process of justice. The Second Administrative Reforms Commission has recommended that the definition of corruption should be widened to include such acts.
The fourth answer choice is inappropriate since it involves devious or deceitful conduct. By acting in this manner, the police officer would be transferring his job to the trader or the victim. Police have to perform their duty in a straightforward manner without resorting to stratagems or ruses. Police have to present the case before the courts through prosecutors without diluting or exaggerating it. As compared to police the victims are in a weak position and can seldom take effective action on their own. They need full support from police.