OBSERVER The Weekly
Volume 14 | Issue 19
Thursday, January 29, 2015
6 months for a double murder How goons use the law to escape justice
EXCLUSIVE
of justice and sent her home.
Elizabeth Mani Criminal gangs are exploiting a loophole in the law to literally get away with murder by forcing juveniles to confess to crimes. In two separate recent incidents in Bangalore, two 17-year-olds confessed to murders and were sent to juvenile jail. Under Indian law, they must be released as soon as they turn 18 and there is no provision to send them to adult prisons to complete their sentences. In one case, a 17-year-old who confessed to the double murder of two brothers will spend just a few months behind bars. The mother of the victims, who claims six men killed her sons, five of them over the age of 18, has threatened to kill herself inside the local police station unless police trace the adults responsible. Rakesh(name changed) was murdered at L.R. Nagar, after which three boys under the age of 17 confessed to the crime. One of them, Suresh(name changed), admitted to the Observer that other people were also involved in the murder. He said, “It wasn’t just me, other local goons were also involved in the murder.”
The victims’ father, Gopal, said: “We complained to HSR police that two of my sons were murdered by six people but the police didn’t take any action against them. The incident happened on 14 February 2014 but the post-mortem report hasn’t come from Victoria hospital.”
Venu and Pavan were allegedly murdered by six people in 2014 Suresh was released after spending three months in the juvenile justice board. Madan is a friend of both Rakesh and Suresh. He also said that Suresh admitted to him that it was a gang of adult goons who killed Rakesh. In another similar case, 14-yearold Venu and 13-year-old Pavan were murdered on 14 Feb, 2014 following which 17-year-old Anand confessed that he killed both of them. Anand is now in the Juvenile Justice Board and will be released as soon as he turns 18, as per the law. Bharthamma, the victims’ mother, believes that her sons were killed by a gang of six members, all
of whom were above 18. She said, “Anand confessed to the murder because he is 17 years old and will be released when he turns 18.”
When Bharthamma had gone to HSR layout police station, she met Anand’s mother there. Talking about the turmoil she endured, Bharthamma said: “When I went to HSR layout police station, the police pushed me out. Then I went home, took kerosene, went back to the station and told the police: ‘If I don’t get justice, I will kill myself.’”
Following this, one of the policemen consoled her, assured her
However, the investigating officer for the case, Raghu, said that the post-mortem had been received, and it proved that only one person killed both the victims. He refused to elaborate on how the post mortem report could reveal this.
Speaking about the case, he said: “Pavan’s mother is emotionally blackmailing the police that she will commit suicide in the police station if we don’t find the other criminals.”
B T Venkatesh, public prosecutor of Karnataka, speaking about the loophole, said he was unaware of such cases and added: “If such things happened, people would take advantage of it all the time.” In most foreign countries, like in the UK, juvenile offenders sentenced for serious offences are moved to adult jails to complete their sentence. When Venkatesh was askwhether
this should be the law in India, he disagreed. He said that if a person is a juvenile during the time of offence, then the case shouldn’t be transferred. Debate has been raging over the age of adult criminality since the Delhi gang rape, where a juvenile was one of those involved. Campaigners on one side are trying to lower the age when juveniles should be tried as adults but many are resisting this, calling it a backward step. Vikram, a criminal lawyer from Bangalore, agreed that the loophole existed in law, but added that he had never personally been involved in such a case. ”We don’t take judicial cases blindly. We see the documents and the proofs,” he added. Vikram also blamed poverty as a factor, saying that a poor family might actually encourage their juvenile children to take the blame in return for money. Talking about the law, he said that a proposal was mooted to reduce the maximum age of juveniles to 16. Lokesh, DCP of Bangalore south division, defended the police, saying, “Police are there to find out the truth. People can’t cheat the police.”
Right to Information all wrong Nikhil M Babu The Right to Information Act is in complete disarray across India with major government departments yet to even register under the act. Pending RTI requests have risen 240% in the five years between 2008 and 2013. From 3,62,520 in 2008-09, the number has increased to 8,86,681 in 2012-13, the most recently collated data. Despite Prime Minister Narendra Modi’s promise of good governance, the post of Chief Information Officer has been vacant for more than six months. The condition of the act at state level is also dire. Pending RTI requests have doubled in Karnataka compared to last year. “The act was supposed to be perfect but there is something very bad happening,” said Vikram Simha, a Bangalore based RTI activist for more than eight years. “The mindset of the officers has to be changed.” Staffing levels is a problem in
other commissions also. The Chief Information Commissioner’s post is vacant in Delhi and Jharkhand Information Commissions. And the Meghalaya State Information Commission has only one member. In central the number of public authorities who have ‘not submitted’ returns to the CIC has increased by over 90% in 2012-13 compared to 2008-09. Almost eight years after its inception, CIC is still not sure whether all the public authorities under central government have registered in the commission or not. Also, the commission in its 2013 report stated that it does not have any data on the public authorities of Ministry of Development of North Eastern Region, Ministry of Panchayati Raj and UT of Lakshadweep. They have continued their defaulting status and haven’t submitted returns to the commission for 2012-13. The Ministry of Health & Family Welfare, Ministry of Culture, Ministry of Road & Transport
have also failed to adhere to the RTI rules. The UT of Pondicherry has more than one-third of its public departments not complying with the commission. The Women & Child Development ministry, the Ministry of Law and Justice, the Ministry of Civil Aviation and the Ministry of Finance have failed to submit annual reports. The commission made the following recommendation: “This is a matter of serious concern that the public authorities are defaulting in terms of their statutory obligations to submission of returns to the Commission...” The working of other state information commissions is also disturbing. “We have till now not published an annual report from our inception, since it has not been approved by the assembly,” said Dr. Manash Dev, Secretary of Tripura State Information Commission. In West Bengal 83% of the complaints and 66% of the appeals are pending in 2008-09, which is
the last available data. “T.K. Mohapatra, Deputy Secretary of CIC said: “There are thousands of public authorities and it’s impossible for the comission to know whether they are registered. Also there is no agency to
check whether all public authorities are registered with the commission or not.” (Continued on Page 3)