Absolution: On need to compensate for unlawful arrests
India needs a law to make compensation for unlawful arrest a statutory (वैधानिक) right
Shoddy (तुच्छ, नक़ली, निकम्मा) investigation is one thing, but a malicious (दुर्भावनापूर्ण, विद्वेषपूर्ण, दुष्ट, द्वेषपूर्ण) and motivated probe (तहक़ीक़ात) is quite another. The probe conducted by former Narcotics Control Bureau (NCB) official Sameer Wankhede into a purported (दावा करना, अर्थ लगाना, तात्पर्थ बतलाना) tip-off about consumption of drugs on board a cruise ship, in October 2021, seems to fall in the latter category. The raid on the vessel resulted in seizure of narcotic substances and the arrest of several people, including Aryan Khan, son of Bollywood star Shah Rukh Khan. Even though nothing was seized (पकड़ लेना, छीनना, रोक लगाना) from Mr. Khan, the agency made sensational claims in court about his being part of an international drug trafficking network and, quite strangely, cited (उद्धृत करना, अदालत में तलब करना) messages purportedly exchanged on WhatsApp as ‘evidence’. By the time he obtained bail weeks later, the case had all the makings of a witch-hunt. A special investigation team from Delhi, which took over the case after allegations (आरोप) of extortion surfaced against Mr. Wankhede, has now cited lapses in the initial investigation and the lack of prosecutable (अभियोज्य, दावा करने योग्य, मुकदमा दायर करने लायक) evidence (सबूत), and absolved Mr. Khan and five others and excluded them from the charge sheet filed recently. The lapses include failure to video-graph the search of the ship, not conducting a medical examination to prove consumption, and examining Mr. Khan’s phone and reading messages on it without any legal basis.
It is good that the agency made amends for the mischief done by the initial set of investigators by applying the standard of ‘proof beyond reasonable doubt’ while presenting its final report. At the same time, the NCB has to re-examine its priorities. It is an elite agency in the fight against international trafficking in narcotic and psychotropic (नशीली) substances. Its primary focus ought to be on trans-national smuggling networks, while the job of pursuing drug peddlers and raiding rave parties must be left to the local police. While strict disciplinary action is warranted if any officer is found involved in ‘fixing’ someone, it is also time that the Government came out with a legal framework (ढांचा, रूपरेखा, बनावट) for compensating those jailed without proof. The country does not have a law on the grant of compensation to those maliciously prosecuted. However, constitutional courts do exercise their vast powers sometimes to award monetary recompense; the remedy of a civil suit is also available in law, but it is time-consuming. The Law Commission of India has recommended enactment of a law to make compensation in such cases an enforceable (साध्य, प्रवर्तनीय, लागू करने योग्य) right. Currently, Section 358 of the Cr.P.C. provides for a paltry fine to be imposed on a person on whose complaint a person is arrested without sufficient grounds. Such provisions should be expanded to cover just compensation by the state for unnecessary arrests. It is a sobering (Showing extreme qualities of emotion) thought to note that even people with celebrity status and vast resources are not insulated from the misuse of police powers, even while recognising that it is still possible to vindicate one’s innocence (Freedom from a particular crime through a legal proceeding) and force the establishment to adopt a course correction.
Courtesy: The Hindu
Important Word List With Meaning
1.Absolution (Noun)
Hindi Meaning - मुक्ति, उद्धार, निरपेक्षवाद, निरंकुशता
English Meaning - The act of forgiving someone for their wrongdoings.
2.Compensate (Verb)
Hindi Meaning - क्षतिपूर्ति करना, मुआवजा देना, प्रत्युपकार करना, पुरसकार देना
English Meaning - To supply an equivalent for something.
3.Statutory (Adjective)
Hindi Meaning - वैधानिक
English Meaning - Required, permitted, or enacted by statute.
4.Shoddy (Adjective)
Hindi Meaning - तुच्छ, नक़ली, निकम्मा
English Meaning - A fibrous material obtained by using waste clothes.
5.Malicious (Verb)
Hindi Meaning - दुर्भावनापूर्ण, विद्वेषपूर्ण, दुष्ट, द्वेषपूर्ण
English Meaning - Showing a desire to cause harm to someone.
6.Probe (Noun)
Hindi Meaning - तहक़ीक़ात
English Meaning - A crucial investigation.
7.Purport (Verb)
Hindi Meaning - दावा करना, अर्थ लगाना, तात्पर्थ बतलाना
English Meaning - To present the appearance falsely.
8.Seize (Verb)
Hindi Meaning - पकड़ लेना, छीनना, रोक लगाना
English Meaning - To take possession of something.
9.Cite (Verb)
Hindi Meaning - उद्धृत करना, अदालत में तलब करना
English Meaning - To call upon officially.
10.Allegation (Noun)
Hindi Meaning - आरोप
English Meaning - An assertion made with little or no proof.
11.Prosecutable (Adjective)
Hindi Meaning - अभियोज्य, दावा करने योग्य, मुकदमा दायर करने लायक
English Meaning - Able to be prosecuted.
12.Evidence (Noun)
Hindi Meaning - सबूत
English Meaning - Something that tends to prove or disprove something.
13.Psychotropic (Adjective)
Hindi Meaning - नशीली
English Meaning - Acting on the mind.
14.Framework (Noun)
Hindi Meaning - ढांचा, रूपरेखा, बनावट
English Meaning - A basic structure or plan of concepts or rules.
15.Enforceable (Adjective)
Hindi Meaning - साध्य, प्रवर्तनीय, लागू करने योग्य
English Meaning - Something that can be enforced.
16.Sober (Adjective)
English Meaning - Showing extreme qualities of emotion.
17.Innocence (Noun)
English Meaning - Freedom from a particular crime through a legal proceeding.