Arrest first, investigate later” seems to be the motto of many of India’s investigating agencies. In the case of a petty crime, when the suspect can be beaten up in detention and a confession can be extracted, the old way of doing things may still help. But while dealing with terrorists on the one hand and white-collar criminals on the other, detention before proper investigation may not yield adequate results. The abysmal quality of investigation is then exposed. It has been recently revealed that at least three men on India’s “most wanted” terrorists list that was sent to the Interpol, with a demand sent to Pakistan on the grounds that 50 of them were living in the neighbouring country, were to be found in Mumbai. Not only has this put the Indian government in an embarrassing position, but it has also meant a slap on India’s security and investigating agencies. If these suspects have been in custody, what kind of evidence has been gathered and how much of it has been processed to enable further investigation? That nobody in the country’s apex security institutions was aware that three of the 50 “most wanted” terrorists were already in custody suggests they were languishing in confinement with no further processing of any information they may have made available.
As our comment last week noted, detention itself has become a punishment in India, with poor investigation inhibiting prosecution (“Trial as punishment”, May 13). If this problem was limited to petty criminals or even white-collar criminals, national security would not be threatened, but when dreaded terrorists also fall into the category of detainees lost to the system, it can seriously compromise national security. Some in government have taken the view that one way of preventing this is to set up a national grid connecting all sources of intelligence information. This can improve information availability and assessment, but it does little to strengthen the investigation capabilities of India’s premier agencies. Investigating agencies then cover up their inadequacies by keeping suspects in detention endlessly, refusing bail on the plea that investigation would be hampered. It’s a mugs game and a no-win situation for those who get picked up, like the accused in the 2G spectrum and Commonwealth Games investigations. How long will their bail applications be denied? Merely because public opinion is in favour of stern punishment for wrongdoers does not mean those whose wrongdoing has not been established in a court of law can be locked up. What is worse, after one is locked up the system seems to forget that the accused exists, as was the case with India’s “most wanted”!
