Excerpts of Law around Times Now Navika Kumar’s Interview with Harish Salve
Qs. The first question asked was about the differences of opinion on jurisdiction whether Bombay Police has jurisdiction or Bihar Police.
Issue of Jurisdiction: Mr Harish Salve said as the investigation are going on he does not want to say anything on the matter, but he mentioned that putting Bihar Police Officer in quarantine was unfortunate and wrong whether it is homicide and suicide. In such a long time there is only an inquest and parents are in anguish and have filed a complaint.
He also mentioned that ‘If a life has been lost, does not matter where or who it is, it has to be investigated wherever there is concern that it is not being done properly and the people involved are such as those could have access to the corridors of power, our Supreme Court has been vigilant.
Qs. The Second question that the journalist asked was that does he think about-that without even a preliminary investigation in an unnatural death, is it right for the police or the Home Minister of Maharashtra to have given that declaration?
Police investigation: Harish Salve mentioned that he has argued this before a bench of five judges as amicus curie in UP investigation on the collective responsibility of a Union Cabinet or that of the state cabinet. My firm view was-
Each minister is responsible for the affairs of the state and a Police Investigation into crime is a function independent of the state’, he mentioned that.
The Police Commissioner does not report to The Home Minister and he should not. We have to draw a distinction between the police dealing with law & order problems if there is a riot or likely hood of protest march which may then turn violent etc, then they are matters with political overtones, dealing with public protest or dealing with other situation where law and order is concerned, these are the matters where government and the police department should work for hand in hand there.
But in the matter of criminal investigation, there should not be any political interference and the police must work independently.
He also mentioned that he does not understand on what basis these ministers make such statements, they have no right to check what the police is doing and they only do it because it only helps them to ‘MUDDY THE WATER’.
Now for the rest of the question, he mentioned that ‘the Police has a habit of SHOOTING FROM THE HIP’. Nowhere in the world will you see police makes such random statements until they are in a position to make a firm statement like this that thy first declare any case suicide and then say that is investigating the matter until they are in a position to make a firm statement.
In these matters we must remember, the fairness of an investigation also must be transparent, those of us who are looking into the investigation we must feel what has happened it is fair and transparent and independent.
If the police will be making such statements and then say that they are investigating into the matter then why don’t one will feel that at the end of inquiry there will be something to support the opening statement.
Qs. He was asked by the journalist about the leaked visuals of the dead body, marks on the neck that the body had which were clearly been able to see in the photos which were taken by the Sushant’s sister and not in the photographs of the police department and should not investigate from where the photos have come out or they were intentionally leaked to support the theory of suicide? Compromise of the scene of a crime was visible to everybody. Was the leak intentional to support the theory of suicide? What do you make of these visuals?
Issue of Photographs
Addressing this Mr Salve says, why should any photographs have been published, whatsoever.
If the photographs have been published they were either taken before the police arrived or when they were present there, if the photographs were taken before the police arrived then it is a very serious issue and that means there must be somebody who has taken those photographs and if so then that would have been the first person to be questioned by the police but that is not so or nobody suggested that which must then logically mean…
if they were taken when the police arrived, then it is a serious BREACH and he feels that a separate FIR should have been registered against to find and arrest the police officer who has leaked those photographs.
The leak visuals of photos are on tv channels, this case is being investigated on the small screen. We have made a complete mockery of a criminal investigation. On the converse question, if media had not put up this evidence, he said in a functional system media should stand behind when the investigation is on but when police failed, media rose to the challenge. He said, thank God, you investigated. He also raised concern for evidence coming out in the public domain.
Qs. Then the journalist asked him that in his so long career of law is there been a case where there has been a post-mortem report, which doesn’t have the time of death on it? What was his take on the conduct of police in the matter?
Issue of Post-mortem report: “Very odd, very very odd” he answered when investigating what could possibly be a homicide. The trouble is under when the credibility comes into question then a flaw or a mistake has done possibly start looking like possible collusion, he answered. There are dangers with the premature publication of evidence.
Issue of Inquest: He said that Mumbai police has conducted an inquest without registering an FIR, the inquest is to ascertain the cause of death and if was a suicide, then it would have taken 3-4 days to investigate into it by the Mumbai police and if it is taking so long and parents are suggesting that there is something suspicious, then the police must have registered an FIR after all FIR can lead to a closure report later. In fact, he mentioned suicide itself is an offence in India. Impression displayed is inescapable.
Qs. The journalist then asked that about police, When Sushant’s Father asked that there is something wrong and circumstances feel worrisome, then they didn’t even send a constable to check upon Sushant and asked for it in writing when his father is in Bihar and not even consider a Whatsapp copy.
Cognizable offence: Mr Salve answered, when they want to they don’t need written complaints and mentioned that our law is very clear that wherever police officer has information of a cognizable offence, he is to act upon it. Sometimes they required written complaints and sometimes they don’t. When Sushant’s father had already informed the police about the situation and then when such a thing has happened then it should be first considered as a murder and the FIR should have been registered in the first place.
Qs. There is also a question on WhatsApp chats of accused no.1 have been leaked. Is it tantamount to invasion privacy or it is an investigation which was overlooked?
Leakage of Whatsapp chats: He said that this is an invasion of privacy but every investigation is an invasion of privacy. Normally it should be private in a functional system but when the system becomes dysfunctional everything falls apart. But this investigation is about the feeling of the possibility of a homicide in which Bombay police have been leading mildly and media has been chasing. The apparatus to protect your and my life has come under scanner, so where edifice of rule of law is shaken is what has been questioned by media. It is not a hue and cry because he was a high or small actor. So when there is an investigation where rule of law has been derailed. and has been brushed aside then the same needs to be put up and this becomes like a circus when the guardian of law does not take its function seriously.
Qs. The journalist floated the question on the issue of media trial being raised by liberal lobby?
Media trial:. Harish Salve mentions media trial is wrong and as a theoretical proposition, no one can contest that. Social blogging, twitter and various other platforms have given the power to every individual with a point of view to express an opinion. If the system was functional and your attempt was to rush to Mumbai police for sensationalisation then an injunction could have been sought against you. But the problem is when the system has become dysfunctional as a present scenario you and other media houses are trying to question what the Mumbai police is doing by showing up various evidence overlooked which is different from the invading of privacy. But if you weigh and balance he said he is against media trial but here media is against the Mumbai police according to you is hoodwinking. It is about the failure of police or failure of a system for a fair investigation. Your system is not as regulated and nuanced as a criminal investigation but the present happening is focussing on a system that has become dysfunctional.
Qs. The senior journalist sought comments on the law around drugs consumption?
A. The issue like drug consumption will someday put you in name and shame. NDPS has to be applied in its rigorously. Whatsapp message with no concrete evidence that may not be sufficient evidence but is an important lead. NDPS has to be applied. One of the biggest problems is terrorism and funding for same comes from drug consumption.
|
QUICK BYTES OF QUOTES FROM THE INTERVIEW |
ON SPEEDY TRIAL
“Justice taking so long is something which I have been always complaining of. We need to invest in roads, we need to invest in bridges, we need to invest in infrastructure but for God sake, we also need to invest in our courts.
Have more judges, better salaries, more courts and that is the only way to speed up justice. You can go on changing laws but that will not speed up dispensation of justice. You need more judges, better-facilitated judges, better-paid judges then alone our system would move fast and that is the only way to speed up justice.”
ON POLICE
“For the police mechanism, police, we still work under the law which the British made. British had made a law where there were a small IPS and a native cop as they were known. Today, we should have one cohesive police force. There is a constant battle over seniority with people entering from IPS route and those who come from the state. This demoralises and it also becomes amenable to political influence.”
HUMAN LIBERTIES
Whether he was a big star or a small star, every life is precious.
Human rights and human liberties are important.
CRIMINAL JUSTICE SYSTEM
You have to separate criminal investigation from law and order duty. A criminal investigation has to be independent should be under the Director of Criminal Investigation. Home minister should be nobody in this investigation.Till this happens, we will continue to see these stories. The investigation would be hijacked now and then, reputation will be tarnished, media will come after. It’s a bad system we are working and we are not willing to change and we are not willing to fix our system. It’s a good occasion to fix our system to think about what goes wrong and why it goes wrong.
Rapporteur of the Post Vishal Chaurasia Law Intern, Indian Law Watch (September 2020) BA LL.B Student, Gautam Buddha University.
