Kerala mulling new law to consider statement given to police as evidence, experts warn it could be abused

THIRUVANANTHAPURAM: Like Maharashtra and Uttar Pradesh, steps have been taken to enact new legislation to give more power to the police to curb organized crime and suppress the mafia. A committee was formed under the chairmanship of Chief Secretary VP Joy to draft the law, with Home Secretary TK Jose, Legal Secretary Hari Nair and Senior Advocate KK Rabindranath as members. The move is to implement it this year. At the same time, legal experts have warned that it could be a way to trap the innocent, as it could lead to police atrocities, including the addition of false statements.

The move comes as part of a recommendation by former DGP Loknath Behra. The police will have strong powers to prove crimes. It is important that the statement given by the accused and witnesses to the investigating officer be accepted by the court as evidence. Statements about co-accused and accomplices will also be evident.

Currently, one can avail bail if the charge sheet is not filed within 90 days. Under the new law, a charge sheet is sufficient within 180 days. No bail will be given until then. The who become accused frequently may be remanded in preventive custody. Now, on the recommendation of the police, it is up to the district collectors to order the preventive detention.

Special Court

Organized offenses are punishable by up to three years' imprisonment and a fine of between Rs 5 lakh and Rs 25 lakh. There will be special courts to consider such cases. The tribunal will be chaired by a retired High Court judge and will be staffed by officials of DGP rank to consider complaints about new law. The law may be enforced by setting up an Organized Crime Control Authority under the supervision of the Chief Secretary and the Home Secretary.

Concerns

# Police abuse will increase

# May lead to human rights violations

# Anyone can be imprisoned for six months under this law

# Will be abused to settle political hatred

Hindrances

• The draft law must be approved by the government and passed in the Assembly
• The bill must be approved by the Governor and sent to the Union Home Ministry
• The bill will become law only if it is approved by the President with the recommendation of the Centre
• The President returned the Maritime Board and Plachimada compensation bills passed by the Assembly
• When Pranab Mukherjee was President, Gujarat returned the anti-terrorism bill

Evidence value

At present, only in cases of smuggling is the statement given to the investigating officer equivalent to a confession and evidence in court. (Section 108 of the Customs Act)