Dr.S.Subramanian, I.P.S. (Retd.)
What was known to the public for decades, has been reported by the VOHRA Committee - that there is a nexus between Politicians and Criminal elements and there is a proliferation of criminal gangs under political patronage. Lack of seriousness to tackle this menace has been displayed by the Government of India in nominating Union Home Secretary as the Chairman of the nodal agency and the chiefs of Intelligence agencies as members. It is perhaps not well known, that the Union Home Secretary receives, on almost daily basis, all intelligence reports and interacts with the chiefs of intelligence agencies. Hence, this so-called nodal agency is an eye wash. If our Democracy is to survive the onslaught of criminal elements - the organised crime - on the system, there is need to tak eurgent and decisive steps. Do we have the political will to do so? Can Indian public be roused to demand stern action against this nexus?
Why this Nexus? Politicians, devoid of a record of service, sacrifice and a mass base, need money and muscle power to keep their positions of power and to bludgeon their constituency into submission. Criminal elements thrive on wrongdoings and they need some one to keep the police away from their back and heels. They also need the co-operation of Bureaucracy to regularise their illegal activities. Personnel of Police and Bureaucracy need political patronage to have comfortable postings and smooth advancement in career. Thus, a symbiotic mutually beneficial relationship develops between these three. Once the politician reaches a particular stature and develops a clout, he dictates terms to Police and Bureaucracy much to the delight of the criminal elements. The bonds become stronger and either finds it difficult to survive without the help of the other and the point of no return is reached.
Organised crime is an enemy of the Democratic Process
Organised crime is opposed to all values cherished by a liberal Democracy. Its activities deny the basic Human Rights to the have nots and undermines the principle of rule of law and equality before law. It vitiates the electoral process by denying the opportunities to many to exercise their franchise freely. It undermines the rights of women, children, labour and others. As a first step, all National political parties in India should realise the threat to the foundations of democracy from organised crime. Fighting the nexus between the politicians and criminal elements should become a National agenda transcending party politics. Conscious efforts should be made by all parties to prevent inflitration of criminal elements in their ranks. They should lend their support to amend the Representation of Peoples Act to deny opportunities to people with criminal records of moralturpitude and violence, to contest the elections. They should also lend support to pass legilsation to deal firmly with organised crime.
Provide Teeth to Law
Existing criminal laws are woefully inadequate to deal with various manifestations of organised crime. There is need for a special legislation - like other countries - to deal with this menace. We need special courts and suitable modifications in the Criminal Procedure and Evidence Acts to make justice swifter. A stitch in time saves nine. The inability of the criminal justice system to deal firmly with infractions like rowdyism, gambling, prostitution, drugs lead to development of organised crime. Yeserdays petty criminals are todays dons. Hence, the need to nip the budding criminal in early stages.
Re-establish Majesty of Law
Organised crime treats the criminal justice system with contempt and exploits the loopholes in law. A proactive, public spirited judiciary can change this scenario. Laws enacted to deal with organised crime should be implemented in spirit and criminal elements should not be allowed to get away due to narrow interpretations of the letter of law. For example, while the slogan, Bail is a right may be commendable in respect of law abiding citizens, its denial to a member of the organised crime prevents many a crime and serves a social purpose. Since granting of bail is the discretion of the judiciary, it should be exercised in the larger interests of society. Reestablishment of the Rule of Law and its majesty is a sure way of decimating the organised crime. Members of the public and non-governmental organisations can play a vital role in this sphere.
Liberate the Police and Bureaucracy from the clutches of Political elements
Police, who are the gate keepers of the mighty criminal justice system and the Bureaucracy, who are the dispensers of welfare measures to the society, are at the mercy of politicians for their survival. Politicians displeasure bring down on them harassment like frequent transfers and disruption in career advancement. hence, they quietly tow the line of politicians. Since Police and Bureaucracy act as catalysts for the growth of the nexus between the politician and criminal elements, it is necessary toliberate them. To make the Police and Bureaucracy people oriented and act without fear or favour, control of politicians over them should be carefully structured. The recommendations of the National Police Commission to establish a State Security Commission should be vigorously implemented. Similarly, there is need to establish an autonomous State Administrative Commission.
CBI should be the Nodal Agency
Activities of organised crime transcend State and National boundaries and are illegal. To deal with them effectively and bring them to book, professional expertise of a high order in detection, investigation and application of science and technology are called for. Central Bureau of Investigation possess all these. As part of Interpol network, it has access to the resources of National Police agencies all over the world. It has got the reputation for impartiality and integrity. It is in the fitness of things that the CBI should be made the Nodal agency and the clearing house for all information and intelligence on organised crime. A separate wing styled as Anti-Organised Crime Division should be opened in the CBI with an additional Director as its head. This division should have officers in all Metropolises and cities known for the activities of organised crime and also in Centres like DUBAI abroad. Its members should be deputed to visit Italy, U.S.A., France and other countries which have well established organised crime network and study the work of Law Enforcement Agencies there.
Investigation of Finances of Politicians and Political Parties
Nexus between Politicians and criminal elements exist all over the world. Unlike India, in other countries, swift action is taken and tainted politicians are made to take a bow from public life. A Standing Joint Parliamentary Committee on Ethics in Political Process should be established. All reports of links of politicians with criminal elements and doubtful sources of finances of pliticians and political parties should be referred to this Committee. For investigation of specific allegations, this Committee should be entitled to call upon the services of the Anti-organised Crime Division of C.B.I. After priliminary investigation, the Committee should hold public hearings. If allegations are proved, the Committee should recommend the termination of the membership of Parliament of that member. Steps to prosecute him will be taken by CBI simultaneously. This Committee should act as a watch dog to ensure purity of political process.
Proactive Strategy is called for
To take head on the nexus between politicians and criminal elements, moral courage and vision is needed. It is sad, since 1967 and particularly after 1977, the Indian National Congress has allowed itself to be dominated by lumpen elements. Their success at the grass roots level had spurred other parties, withlittle or no hope of coming to power, to refine the strategy. This has resulted in the criminalisatin of political process. Political parties are unable to control the geni let loose by themselves. Tandoori Murder, finding of dead body in M.Ps quarter, procurement of a Diplomatic Passport for financial consideration, are all becoming a daily affair. These undermine the credibility of the democratic process, making the youth to embrace politically violent movements. Political sagacity demands that our leaders should cry a halt to this downward trend in ethics of politics. Leaders of Nineteenth Century paved the way for Indian Democracy in the Twentieth Century. What will be the claim of our present day leaders and how will they be remembered in the twentyfirst century? - Defenders and preservers of Democratic values or as harbingers of lumpenisation of political process? There is yet time to avert an adverse verdict of history. Without wasting time, let us act decisively.
(The author was Director-General of NSG and CRPF)