The Tribune, Chandigarh, 15th September 2002
Evolution of criminal justice administration in India
Jawahar Lal Dwivedi
The Constitution and Criminal Justice Administration
by Dalbir Bharti. APH Publishing Corporation, New Delhi .
Pages 320. Rs 400.
THE book under review attempts to discuss and analyse the criminal justice administration (CJA) as applicable to India in the light of constitutional provisions referring to the Constituent Assembly debates and Supreme Court rulings. It establishes how the performance of the CJA has direct impact on the success of the Constitution. The evolution of the CJA shows that it has not been able to keep crime under control; piles of pending criminal cases in courts are causing inordinate delay in their disposal and the conviction rate has declined significantly.
The author has identified areas of failure and suggested certain measures to bring about improvement in the efficacy of the CJA, which comprises the police, Bar, judiciary and prisons. These agencies depend on constitutional support to their principles and procedures. Inadequate strength of the police and judiciary, lack of coordination between the police and prosecution and declining resources seem to be the major factors, which affect the efficiency and effectiveness of the CJA, notes the author. He says there is a need to amend and simplify criminal laws; compensate victims; introduce plea-bargaining; introduce an inquisitorial system; punish perjury; increase manpower in the police and judiciary; maintain coordination between the police and prosecution; bring the criminal justice system under Plan budget for better assessment and allocation of financial resources, and to encourage people's participation in the administration of criminal justice.
The author has briefly discussed the evolution of the criminal justice system in India , which has evolved over a period of 3,000 years. Socio-economic and political conditions prevailing during different phases of the history of India influenced its evolution. Initially, the law or dharma, as propounded in the Vedas, was considered supreme in ancient India, but gradually the king started making laws and regulations keeping in view the customs and local usages. The system of awarding punishments on the basis of varna contravened the concept of equality of all human beings. The administration of justice during the Muslim period suffered from defects and non-Muslims were subjected to humiliating discrimination. The British adopted new principles by modifying the existing laws. The institutions of the police, magistracy, judiciary and jail developed during that period still continue with significant changes in their structure and functioning. However, the British rulers also, while restructuring criminal justice system, did not fully implement the concept of equality, the author says.
Describing the various components of the present criminal justice system, the author feels the system needs changes. Most of the major criminal laws such as the Indian Penal Code of 1860, the Police Act of 1861 and the Indian Evidence Act of 1872 are still in force with only peripheral amendments. The structure of the police and its working style have not changed much .The indelible legacy of the British era sustains. Most of the criminal laws, procedures, institutions and principles evolved during the British period still govern the functioning of various components of the criminal justice system.
The Constitution, the Indian Penal Code and the Code of Criminal Procedure prescribe the rights and duties of the people to ensure their life, liberty and dignity. Generally, people hesitate to come forward to assist the criminal justice authorities unless compelled by circumstances or personal interests. The author has suggested that with a view to securing justice to the people and punishing the offenders, the functionaries of the criminal justice system should motivate the people to discharge their duties under various laws. Massive programmes should be evolved and implemented to educate and awaken the people about their responsibilities.
The writer feels the necessity for a meaningful and healthy dialogue between the people and criminal justice functionaries, especially the police. Formation of voluntary schemes can help bring the people closer to the police.
According to the book, the crime trends disclose significant increase in the IPC crime rate, especially violent crime. The pendency of cases in courts has increased and the declining rate of conviction of IPC cases reflects the inability of the machinery to deliver speedy justice. Law commissions and eminent persons have pointed out flaws in the working of different agencies and indicate that the CJA is found wanting in its efficacy in keeping crime under control.
The book, which makes a combined study of the Constitution and the criminal justice administration, discussing their reciprocal relationship, can be useful to the police, judiciary, journalists, lawyers and research scholars as well as the common man.
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The Tribune, Chandigarh , 4th July 2002
IPS officer's feat
Mr Dalbir Bharti has become the first IPS officer hailing from Haryana to have earned the degree of Doctor of Philosophy. His thesis — The Constitution of India and Criminal Justice Administration — has been approved for award of the Ph.D Degree by the University of Mumbai . Currently posted as SP, Jalna, in Maharashtra , he did research under the guidance of Dr P.M. Bandivadekar. Mr Bharti is an alumnus of Kurukshetra University from where he did his M.A. in political science. After his selection in the IPS he was allotted the Maharashtra cadre. It was during his posting as Deputy Commissioner of Police, Mumbai, that he realised unpunished crime and prevalence of injustice were the root causes of all evil in society. He decided to probe the cause of unpunished crime and injustice. Mr Bharti went on an year's study leave and completed his thesis. Earlier, while working with the Maharashtra police, he did his LL.B from Dr Babasaheb Ambedkar Marathawada University, Aurangabad , and stood first. His study, inter alia, underlines the need for swift and certain punishment for criminals and defines the role of the common people in administration of criminal justice.
Contributed by Gursharan Singh, Surinder Bhardwaj and Raman Mohan.
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The Tribune, Chandigarh , 11th June 2007
Batons, beats and books
An IPS officer of the Maharashtra cadre hailing from Hisar, Dr Dalbir Bharti, recently published his second book entitled, “Police and People—Role and Responsibilities.” The book drives home the point that the maintenance of public order and the fight against crime can be much more easier and effective if the police and the public develop mutual trust.
Dr Bharti stresses that though the police was initially created by the State as a “force” with coercive powers, it has now evolved into a “service' to help the public. A firm believer in community policing, he emphasises the importance of people's participation.
His first book, “The Constitution and Criminal Justice Administration,” was primarily based on his thesis for Ph. D. Both books have attracted rave reviews.
Though he is a permanent resident of Hisar, he originally hails from Ban Mandori village, now in Fatehabad district. He is currently posted at Nagpur as DIG, CRPF. A graduate from Panjab University , Chandigarh , he did his Master's in Political Science from Kurukshetra University and joined the IPS in 1987. He has served as Superintendent of Police in several districts in Maharashtra .
He did his LL.B and doctorate while serving in the IPS. He has set up the Bharti Education and Development Society, which runs a library and reading room each in Hisar and his ancestral village. The society provides interest-free loans to poor students for pursuing professional courses.
Contributed by Sunit Dhawan and Raman Mohan
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The Tribune, Chandigarh, 12th Novemeber 2007
Public help must for policing, says IG
Tribune News Service
Hisar, November 11
Yash Pal Singhal, inspector-general of police, Hisar range, and Dr R.P. Bajpai, vice-chancellor of Guru Jambheshwar University, today released the Hindi edition of a book, “Police and People — Role and Responsibilities”, written by a Maharashtra cadre IPS officer Dr Dalbir Bharti.
Bharti hails from Hisar and is at present posted as DIG, CRPF, in Nagpur . This is his second book. His first publication “Constitution and Criminal Justice Administration” had received rave reviews in the media.
The book delineates the powers and obligations of the police as well as the rights and duties of the people. It gives a new concept of community policing with the participation of the people in policing.
In his address, Singhal underlined the role of mutual trust and cooperation between the police and the people for effective functioning of any police force. He said without public help the task of policing could not be performed in full measure.
Vinay Kumar, former VC of Haryana Agricultural University, and former MP Mani Ram Bagri were among those present on the occasion.
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The Hitvada, Nagpur, 23rd September 2005
Cops probe Hemanis' 3 cr Mahila Bank loan
COMMISSIONER Co-operatives Dr Shailesh Kumar Sharma has asked the Crime Branch, Nagpur , to probe into the role of the Directors of Nagpur Nagrik Mahila Sahakari Bank Ltd. relating to advancing of loan of Rs 3 crore to Aman Hemani. This was disclosed by Additional Commissioner of Police (Crime), Dr Dalbir Bharati at a press conference on Thursday.
Bharati informed that though the bank had not made any complaint in this regard, the Crime Branch would certainly inquire into the alleged dubious deal. He claimed that no collateral security or mortgage of any property was made for procuring the loan and wondered how the loan was sanctioned to him. Dr Bharati did not rule out the arrest of the Directors involved in the transaction. A team of Crime Branch has already left for Mumbai to procure the custody of both the accused in the multi-crore Mahila Bank scam case. Two more cases relating to fraud and misappropriation of funds have come to light against Aman Hemani, revealed Dr Bharati further. Both the cases are registered at Sitabuldi Police Station. In one of the case, the complainant Mary Thomas has alleged that she was duped of Rs 3 lakh by Hemani while in another case the complainant Janardhan Ghagre had alleged misappropriation of funds and criminal breach of trust. Both the cases are being investigated, said Dr Bharati. Dr Bharati informed that Aman Hemani had tried to dupe a resident of Malabar Hills, Mumbai, named Mudra Nanavati (61) to the tune of Rs 16 crore by preparing bogus documents of her bungalow. Aman had allegedly prepared a fake Power of Attorney of Nanavati in his name and tried to mortgage her property with a finance company in a view to draw huge money from the company. However, he could not succeed as the company managers contacted the owner Nanavati who denied of having given any power of attorney to Hemani.
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The Hitvada, Nagpur, 23rd September 2005
Six bogus ‘dentists' rounded up
NEXT time you go visiting your dentist, check up the doc's credentials first. Especially so if you find your doctor asking you to open your mouth and then looking lost.
He may actually be a scooter mechanic well versed with what they call “denting and painting” but at sea when it comes to dentistry! Well, the police have actually found this to be true. Crime Branch has actually rounded up six such ‘doctors' posing as dentists, all of whom are not even graduates. They were running their respective clinics in the city and treating patients without any degree or expertise in the subject, putting numerous patients at risk. Disclosing this at a press conference on Thursday, Additional Commissioner of Police (Crime) Dr Dalbir Bharati said that on receiving information, the Crime Branch had formed separate teams and raided the so-called clinics and arrested the accused persons engaged in ‘doctoring.' The accused persons have been identified as Shalikram Hariji Giripunje (55), a resident of Ayodhya Nagar, Pradeep Shalikram Jaiswal (44), a resident of Gayatri Plaza, Mahal, Prakash Chandanlal Jaiswal (46), a resident of Vishal Apartments, Ajni Square, Wardha Road, Rajesh Mahadeo Kusre (38), a resident of Jeevan Apartment, Vaishali Nagar, Bholashankar Ramchandra Manapure (42), a resident of Om Nagar, Koradi Road and Sunil Renumal Gajwani (50), a resident of Plot no 11, Banerjee Layout, Nagpur. Dr Bharati said that Giripunje was running his illegal clinic at Plot no 24, behind Sai Mandir in Sakkardara area without any medical registration. Similarly, Pradeep Jaiswal was running his clinic in the name of ‘Jaiswal Dental Clinic' at Dakshinamurti Square , Mahal, Prakash Jaiswal was operating from ‘Jaiswal Dental Clinic' at Nalsahab Square , Hansapuri. Likewise, Rajesh Kusre was having his clinic in the name of ‘Muskurahat Dental Health Care Centre' at Vaishali Nagar, Bholashankar Manapure was running his clinic at Plot no 419, Om Nagar, Koradi Road, while Sunil Gajwani was having his clinic at Plot no. 11, Banerjee Layout, said police. Police have recovered various prescriptions and cash collected from the gullible patients from their clinics. All the accused have been booked under various provisions of Medical Practitioners Act, 1948 read with Section 420 of the Indian Penal Code at respective police stations. The above operations were conducted by PSIs Wadaskar, Gajbhiye, Dhanorkar, Patil, Devkar and Uikey under the guidance of Commissioner of Police S P S Yadav, Additional Commissioner of Police (Crime) Dr Dalbir Bharati, Assistant Commissioner's of Police A S Bobde and T K Roy. Further investigations are under way.
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The Hitvada, Nagpur, 7th October 2005
Hemanis brought to city, granted police custody
The court of G S Shegaonkar , Additional Chief Judicial Magistrate, granted police custody remand to Rajshree Hemani alias Nasreen Arsiwala up to October 13, and to Aman Hemani alias Allamin Kamruddin Hemani alias Hujefa Abbasbhai Arsiwala up to October 19, on Thursday.
The ‘most wanted couple' of the city was produced before the court here on Thursday amid tight security. Aman and Rajshree are prime accused in The Nagpur Mahila Nagarik Sahakari Bank Limited scam case. Ambazari Police had registered offences against the couple under Sections 420, 406, 467, 468, 471, 109, 34 of the IPC. The case was later handed over to Crime Branch for investigation. The couple was accused of scam committed between December 26, 2002 and March 14, 2004. The offences were registered against them on September 15, 2004. Mrs Veena Pramod Bhagde, Manager of Mahila Bank, had lodged the complaint. Aman and Rajshree were absconding since then. The police were searching for them. Mumbai Police were also searching for the duo in other cases of duping. On September 21, 2005, the Mumbai Police caught the couple at Malabar Hill area in Mumbai. Aman was kept in custody at Central Jail on Arthur Road , Byculla. While, Rajshree was kept at Women's Jail in Byculla. As the Nagpur Crime Branch learnt about their arrest, a team went to Mumbai to obtain transit remand of the accused couple. On October 4, the Crime Branch team took them into custody. As the transit remand was up to October 6, the Crime Branch produced the couple before the court of G S Shegaonkar, Additional Chief Judicial Magistrate. Dr Dalbir Bharati, Assistant Commissioner of Police (Crime) who is also the investigating officer in the case, Amitesh Kumar, Deputy Commissioner of Police (Traffic) were present in the court. Adv Raghuveer Vaidya, Assistant Public Prosecutor appeared for the police, while Adv Shyam Dewani appeared for Aman and Rajshree Hemani. Adv Vaidya presented the case details before the court and sought police custody remand of the accused for two weeks. He pleaded that PCR was needed to seize the documents pertaining to 18 different firms and companies formed by Hemani couple, to investigate whether some more persons were involved in the scam and nab them, to know where and how the couple invested the scam amount of Rs 7.40 crore, find out if the couple had committed some more crimes by changing names, check as to where they prepared the bogus documents that they had produced for opening the bank accounts, who had given them shelter while they were absconding. Adv Vaidya also stressed the need to go places like Mumbai, Thane, Kolkata, Bhilai for investigation. As detailed investigation will require time and the accused would be interrogated, Adv Vaidya prayed the court to grant PCR to the Hemanis. Adv Shyam Dewani argued that as the couple was having a three-year-old girl, at least the mother (Rajshree) be given PCR for only a single day. Considering that the couple was in police custody and that police had already booked seven other persons in the case, Aman should not be granted PCR for more than a couple of days, Adv Dewani pleaded. Hearing the arguments, G S Shegaonkar, Additional Chief Judicial Magistrate, granted the PCR to both the accused. Rajshree was granted the PCR till October 13, while Aman was granted the remand up to October 19.
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The Hitvada, Nagpur, 25th May 2006
Cops nab three more Nigerians: Lottery racket
CRIME Branch sleuths of Nagpur city police trapped three more Nigerian nationals at the reception lounge of Taj Residency in Mumbai for their involvement in the international bogus online lottery racket.
Police produced the trio before the court here on Wednesday and obtained their remand for custodial interrogation till June 2. Identified as Egervonu Udechukwu Chibuvze (27), Ukachukwu Elvis (37) and Joe Opharan (26), the accused came to India on tourist visa in March. Additional Commissioner of Police (Crime) Dr Dalbir Bharti told mediapersons on Wednesday that Olojo Tonde (28), a Nigerian and one of the agents of the racketeers, was trapped on Saturday by the Crime Branch officers near Panchsheel Cinema in city following a complaint by Sangeeta Sunil Bandibuche (26), a resident of Plot No 101, Kamal Plaza, Ashirwad Nagar. Sangeeta Bandibuche nee Dawre, he said, had received a message on her e-mail address that she had won the draw of Australian online lottery worth US $ 3,00, 000 on May 5. Thinking herself to be lucky, he said, she replied to the message on May 8. Sangeeta, who works with a Wadi-based dealer of computer spares, received another message stating that she should send US$ 800 for completeing the necessary formalities and maintain full confidentiality about the message as she was selected from among nine lakh netizens across the world, he added. Dr Bharti said, Sangeeta then started further correspondence with them from her e-mail ID and finally she received a message that a Delhi-based company agent would visit Nagpur on April 20 and then would guide her. Olojo Tonde came to Nagpur from Mumbai by Air-Deccan flight and told Sangeeta that some more foreign currency would be required as all transactions were to be made through African Bank, besides the processing charges of US$800. Sangeeta got suspicious and alerted the Crime Branch. Olojo was arrested on the charges under Sections 420, 511 and 34 of the Indian Penal Code (IPC) and Section 14 of the Foreigners' Act, 1946 and obtained his police custody remand (PCR) till May 26. Olojo's passport was impounded and a mobile phone was seized from him. Commissioner of Police SPS Yadav and other senior police officers including Bharti himself interrogated Olojo. Dr Bharti said, Crime Branch officers then requested Sangeeta and her husband Sunil to assist the investigators so that others involved in the racket could be brought to book. He said, Sangeeta again contacted Olojo's partners in Mumbai and told them that she had paid Rs 10,000 to their agent in Nagpur . They were not told that Olojo was behind the bars. She received a message to come to Taj Residency in Mumbai on May 23 with some more money. She was told that a company officer, Mr Anderson, would guide her there so that she could get the prize money at the earliest. Sangeeta went to Mumbai as per the plan along with a team of Crime Branch. With the assistance of Colaba Police, a trap was laid at the reception lounge of Taj Residency and Egervonu, Ukachukwu and Joe were caught. Passports and five mobile phones were impounded from two of three accused, he added. He said, an identity card of All India Nigerian Friends Community Association, New Delhi , was also found with one of the accused Nigerian youth. Dr Bharti said, the Crime Branch team brought the three accused Nigerians here and obtained their PCR till June 2. The arrests were made by a team of Crime Branch comprising Police Inspector (PI) T K Nitnawre, Assistant Police Inspector (API) Rohon, Assistant Sub-Inspector (ASI) Deogade, Head Constables Raju Ingle, Ashok Chinchkhede, Constables Mahadeo, Pralhad and Prashant Shambharkar under the supervision of Assistant Commissioner of Police Somu Mudaliar. Cash reward to Bandibuche Commissioner of Police SPS Yadav has announced a cash reward of Rs 5,000 to Sangeeta Sunil Bandibuche for her alertness that helped cops nab four Nigerians involved in the bogus international online lottery racket. Additional Commissioner of Police (Crime) Dr Dalbir Bharti said, he has received a similar complaint from the daughter of an officer of State Bank of India (SBI). Police are investigating the matter. Possibility of several persons being duped by such gangs in Vidarbha cannot be ruled out, he added. Dr Bharti has appealed to the people not to get attracted towards such online lotteries as they may be duped by the international racketeers.
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The Hitvada, Nagpur, 16th January 2006
Crime Branch the backbone of Nagpur Police
by Shirish Borkar
IF the Special Branch is considered brain for gathering intelligence, the Crime Branch now can be termed as the backbone of Nagpur City Police. Functioning of the Crime Branch appears to have improved considerably in the past two years after its restructuring as per the recommendations of the then Joint Commissioner of Police Rajendra A Sonawane.
Overall performance of the Crime Branch, particularly in detection of property crimes such as dacoity, robbery, house-breaking theft, vehicle thefts and chain snatching, is much better in 2004 and 2005 compared to previous years. In 2003, the Crime Branch had detected 30 cases related to property crimes by nabbing 56 criminals and seized stolen property worth Rs 3.50 lakh. In 2004, it detected 110 property crimes and put behind bars 183 criminals. It also recovered cash and other stolen valuables worth over Rs 39.83 lakh from them. Its performance improved further in 2005 as it cracked 123 major property crimes and seized stolen cash, goods and valuables worth over Rs 44.31 lakh by arresting 175 criminals. The then Joint Commissioner Sonawane in November 2003 had proposed certain changes in the functioning of the Crime Branch on the lines of Mumbai Police. They were accepted by the Commissioner and implemented in toto by Additional Commissioner of Police (Crime) Dr Dalbir Bharati. Accordingly, the city was divided into three units. For each unit, a team headed by a Police Inspector was formed. This facilitated the Crime Branch to concentrate on smaller areas for detection of property offences. Usually, changes are resisted by lower rung police personnel. However, in this case they were wholeheartedly accepted by almost all officers in the Crime Branch. When contacted, ACP (Crime) Dr Bharati said that all three teams are functioning from the Crime Branch office for the time being. Eventually they will be stationed in their respective areas once adequate space was provided to them, he added. Dr Bharati said the Crime Branch had 15 sub-units including detection unit, Anti-Narcotic cell, social security cell, detention cell, modus-operandi bureau (MoB), Cyber Crime Cell and economic offences wing. About the branch's major achievements, Dr Bharati said it had busted the inter-state gang of kidnappers after the abduction of an industrialist of Orissa, detected Dattatray Kapre murder case, foiled escape bid by notorious gangster Anil Dhawde from Central Jail by arresting three policemen under MCOCA, investigated Mahila Bank scam case involving Aman and Rajshree Hemani of Hemani group and others and detected fraud in Nagpur Nagarik Co-operative Bank. He said, the detention cell, which is another effective wing of the Crime Branch, handled several proposals for application of MCOCA on criminals. In 2005 alone, he said, 40 hardened criminals were booked under MCOCA. As regards the crime scenario, Dr Bharati said, crime had slightly increased last year in comparison with 2004. However, he said, it was less than 2001 level. A total of 8,526 cases were registered in 2001 while 8,116 offences were registered last year. In the new year, Dr Bharati said, “we are concentrating on preventing robberies and street crime particularly chain-snatching incidents. Besides intensifying motorcycle patrolling, we've decided to introduce beat patrolling. Similarly, frequency of Nakabandi and combing operations will be increased,” he added
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