Judgment 1. This matter was fisted on 16 July, 2003. Notice on the petition was served on the State respondents on 12 November, 2002. The State, thus, is not without notice. 2. Of the circumstances reported in this petition, even after the meeting was chaired by the Chief Minister on 21 January, 2001 the Court can do no more than express the same concern and reiterated today. The meeting chaired by the Chief Minister must have generated some formal concern or report. 3. Apart from this, the Court notices the facts which have been referred to in Annexure 7 at page 52, Annexure 8 at page 53 and further information in the same annexures at pages 54 and 55. If the statistical analysis as given of the year 1999 in respect of certain crimes is available, then the Court desires to know what exactly is the position in 2003. The concern of the Court is not on curiosity but on the violence which is being projected in the media, print or otherwise. The governments administration cannot be immune to be abnormal in the law and order situation. This is not a matter which can get adjourned until the Court grants time to receive reply. This is also not a matter which can be decided by a counter affidavit or a rejoinder affidavit. 4. When this matter is listed next, the Court expects a detailed report from the Director General of Police on how the government is tackling the situation on violence within the State. The Court would further appreciate his presence. 5. Put up on 28 July, 2003 in the supplementary list. 6. Let a copy of this order be given to learned A.A.G.2. Order dt. 28.7.2003 7. This case was listed today to inform the Court on what exactly was the follow up action after the important meeting chaired by the Chief Minister, Bihar on 21 January, 2001. Unfortunately, nothing has been placed before the Court but an adjournment is being sought because the Director General of Police is not present. The Court has no objection in granting an adjournment but let there be no excuse that this information has not been forthcoming merely because the Director General of Po/ice is not present. This should have come from the Chief Secretary, Home Secretary or by the Police department. The Court has no objection in granting an adjournment but let there be no excuse that this information has not been forthcoming merely because the Director General of Po/ice is not present. This should have come from the Chief Secretary, Home Secretary or by the Police department. The information on the follow up action on the meeting chaired by the Chief Minister is nothing personal to the Director General of Police. It is public information. 8. Put up on 5 August, 2003 in the supplementary list. Order dt. 5.8.2003 9. A report has been filed as an affidavit on behalf of the Director General of Police, Bihar, Patna. The court has gone through it. The Additional Advocate General-ll, who is present in the court, has also gone through it. The court is not satisfied with the report as has been filed. Rather than comment on it, which will perhaps be a negative criticism, it will be better to go into a positive approach to see what can be done for the future as remedial measures. 10. Unusual situations require unusual remedial measures. Violence cannot be permitted within a democracy. The text of the Constitution of India gives guidance, very clearly, that violence and democracy do not go together. In no uncertain terms the Constitution of India has made it a fundamental duty of every citizen, including those who constitute, run and administer government to abjure violence. [Article 51A (J)]. Those in charge of running the government cannot claim that there is inadequacy of the Law in taking care of crimes and violence. Violence shall be avoided. Violence shall be shunned. This reads like a Biblical edict coming out of the Constitution, it is also a fundamental duty. Respecting the institutions and laws of the State are equally a duty. 11. There are suggestions that fear and favour have crept into the system so that it defiles the democratic process and the uniform rule of law, and that this rot has now taken within its sweep the politician and the bureaucrat. 12. The judiciary also cannot be excluded, in particular cases where there is an avoidance, a running away from the situation instead of locking horns and picking up the challenge to send the message that the arm of the Law is slow, but it is strong. 12. The judiciary also cannot be excluded, in particular cases where there is an avoidance, a running away from the situation instead of locking horns and picking up the challenge to send the message that the arm of the Law is slow, but it is strong. Today is not the day to go into the causes of any negative image of Bihar. It is said, no one can set up business in the state unless there is adequate protection money to be given to whoever demands it, that this illegal business of protection flourishes. Those who can afford it, send their children out of the state for higher education. The state of violence scares the parents with the thought that a child may not return home. 13. The State government sought six weeks time to give a report on crime statistics, to show the truth or falsity of such charges. Such a long adjournment was not permitted in a matter like the present one. Is this report not available? Why are statistics and data not available almost instantly in this age of Information technology? And what does the media report day in and day out? Are these reports in the press fact or fiction? Any institution which has a library, and the state administration must have several, must be keeping a classified file on the subject of violence and crime, and on the nature of these crimes. The High Court library also keeps such data for academic use. Rape, pillage, murder, kidnapping are reported in the media repeatedly. This information is in the media for everyone to read. The information itself is like machine- gun fire. By this time it should have had some impact on the administration if it has been peppered with news about violence in Bihar for the last two decades. 14. Now is not the time to biame these times or another era, the only question is, what is to be done now, today. 15. The only specific issue today is, how is a crime taken notice of, and how do you deal with a person who has been booked for a crime, as opposed to a conviction? 16. The occurrence of a crime (and any violence is a crime) obliges those in charge of keeping law and order to take notice of it. 15. The only specific issue today is, how is a crime taken notice of, and how do you deal with a person who has been booked for a crime, as opposed to a conviction? 16. The occurrence of a crime (and any violence is a crime) obliges those in charge of keeping law and order to take notice of it. There is a misunderstanding that every crime must be given in writing, with an authorship, otherwise the administration is not obliged to take notice of it or recrod it. Not recording a crime may be an offence. This gives rise to shades of corruption also, and protection rackets may come in here. The Court is only re-iterating the law. Preventive action of the police is given in Chapter XI of the Code of Criminal Procedure, 1973. Information to the Police and their powers to investigate are given in Chapter XII of the Code. In the context of today and these proceedings we are not dealing with investigation. Between Chapter XI and Chapter XII the Babu in the Police Department starts dragging in a controversy about a cognizable and non-cognizable offence: this is not the subject matter of discussion today either. The law has clearly defined the two shades. Whether cognizable or non-cognizable both are crimes. The Court is speaking of rule of law. 17. Every police officer on receiving information of a design to commit any cognizable offence, shall communicate such information to a police officer to whom he is subordinate for taking action for prevention of a crime (section 150 of the Code). Then a police officer knowing of such a design may also make an arrest without orders from a Magistrate and without a warrant, (section 151 of the Code). The preventive detention beyond 24 hours is another aspect. 18. A person reporting a crime is often told at the police station: Give it in writing. This is one shade of not taking notice of a crime. The other is, not recording it, because statistically a rising crime figure embarrasses an administration. Let us see what the Law says. Information relating to the commission of an offence (let us say cognizable, and it is best not to enter into this aspect at present) need not be in writing. The other is, not recording it, because statistically a rising crime figure embarrasses an administration. Let us see what the Law says. Information relating to the commission of an offence (let us say cognizable, and it is best not to enter into this aspect at present) need not be in writing. The Law says: Every information relating to the commission of a (cognizable) offence, if given orally to an officer in charge...the substance thereof shall be entered in a book... If given orally to an officer in charge of a police station, shall be reduced to writing by him... or under his direction. (section 154 of the Code). Thus the law is very simple. A crime, can be reported even orally. A police station is obliged to take this report. 19. Half the troubles in not taking care of a law and order situations have their source in a crime not noticed when intimated by a citizen. Further, every crime may not be the subject matter of a report by a citizen. The law also says, a police officer may of his own authority interpose to prevent any injury attempted to be committed, in his view to any public property, moveable or immoveable, or the removal or injury of any public landmark... (section 152). 20. Another factor which shakes up a parliamentary democracy is when those who have been charged with offences and have been required to appear before the Magistrate to answer the charge, will not appear. To answer such a summons is the rule of law seen in very simple terms. Democracy is for gentlemen, not for scoundrels. Respect for the law is as simple as that when a traffic light is red, the traffic will stop. This is the rule of law. When any Court desires the presence of any person in a case before it, the summons has to be answered. The summons must not come to the stage of a warrant, because these are exceptional circumstances which then oblige the law keeper to take care of those who defy the law. Not answering the call of a court, converts the summons to a warrant. Failure to honour a warrant obliges the Court, in the present case the Magistrates court, to declare such a person an absconder. Absconding cannot become a habit because it goes against the grain of the due process of law. Not answering the call of a court, converts the summons to a warrant. Failure to honour a warrant obliges the Court, in the present case the Magistrates court, to declare such a person an absconder. Absconding cannot become a habit because it goes against the grain of the due process of law. The law suffers exceptions but takes care of them. When it does, democracy functions within the framework of the law. When it does not the transition to anarchy is in progress. 21. Unfortunately, Bihar is facing this situation, and, the Court cannot stay in its seat and be a mute spectator. When an opportunity presents itself the Court must speak. The two situations today are: (a) the non-acceptance of a crime being reported to those in charge of law keeping and ensuring peace and order. (b) the situation regarding those charged with crimes not presenting themselves before the court to answer the charge, and have been declared as absconders. The disturbing feature is that within the State, at least those who constitute the functioning of the democracy, the legislator, the civil servant and the judiciary, must be free from this disease. Disease it is, because violation of the law has become a generality when it should be an exception. 22. As the Court said earlier, unusual circumstances demand unusual solutions. The Court suggests the following measures; (A) For every offence which is intended to be reported and a police station will not accept the report, for the present in the rural areas, let such a report be given to the Mukhiya of the Panchayat. He will receive this report if it is in writing, otherwise record it himself or with any other member of the Panchayat, and append his signature, or thumb impression, and likewise that of the person who has written it, and also of the person who is filing the report, whether orally or in writing. Thereafter the Mukhiya will take it to the nearest Police station to have this report registered. If this situation happens in a Nagar Panchayat, in the same manner it will be processed by the Adhyaksha of the Nagar Panchayat, If such a situation happens in a municipality, in the same manner it will be processed by a Ward Councilor. Thereafter the Mukhiya will take it to the nearest Police station to have this report registered. If this situation happens in a Nagar Panchayat, in the same manner it will be processed by the Adhyaksha of the Nagar Panchayat, If such a situation happens in a municipality, in the same manner it will be processed by a Ward Councilor. (B) If a Police station shows disinclination to record a crime report, and this issues as a direction, the Mukhiya will take it straight to the CJM, or such other Judicial Magistrate indicated by the District and Sessions Judge, who will ensure the recording of a First Information Report or entry in the General Diary, as the case may be. (C) Of those who have been declared as absconders, and on a proclamation so made on a warrant served or deemed service by publication, both processes to be taken out simultaneously, by an appropriate court, if such an absconder does not appear on the date fixed by the Court, then if he be a functionary connected with the State, whether a civil servant or a public servant or a Legislator from the Assembly or Council, there will be a suspension from the office he holds. This suspension will not be lifted unless he presents himself before the court which issued the proclamation. 23. As interim measures, these are the suggestions of the Court. 24. To sum up for today, the Court only reminds itself and anybody who may be affected by the observations of the Court, that the Constitution of India makes it a duty upon every citizen to abide by the Constitution and respect its ideals and institutions. Rule of Law is an ideal, and the legal framework an institution which must survive. Violence and crime negate the sovereignty of the nation. When the Constitution says to abjure violence, and respect the ideal of the rule of law, shutting your eyes to a crime which is being committed and not accepting a report, running away from a court when it beckons you so that it declares you an absconder are clearly violence to the spirit of the Constitution. Such disregard for the framework of law cannot be permitted. 25. For any further suggestions, the Director General of Police, Bihar, Patna, may now like to give, he may to do so when the matter is listed next week. 26. Such disregard for the framework of law cannot be permitted. 25. For any further suggestions, the Director General of Police, Bihar, Patna, may now like to give, he may to do so when the matter is listed next week. 26. Put up next week under the same heading. 27. Copy of this order be issued without charge to the Additional Advocate General-II for intimation to all concerned including all the District Magistrates/Senior Superintendents of Police/Superintendents of Police, institutions of self government like City Corporations, Municipal Corporations, Nagar Panchayats, Panchayat Samitis, Panchayats and all the District and Sessions Judges. Order dt 14,9.2003 28. An affidavit was filed by the Director General of Police on 4 August, 2003 giving some statistical data on crime and criminals. The data apparently has been made in such a way that it cannot satisfy an ordinary citizen who does not have the means to protect himself. Comparing the ranking of undivided Bihar, as the data has been presented, with other States or analysing crimes recorded with the population of the State and take out ratios on the frequency of rape, murder and kidnapping with the population, may be statistical jugglery but not a solution. 29. Hiding behind odious comparisons that the crime situation in other parts of the nation is worse, is also not going to supply a solution. The degradation of what is commonly called "the law and order situation" has not happened in a day. The seeds of this were sown more than 30 years ago. It is common knowledge that Bihar was on the tourist circuit up to the 1960s and its archaeological sites were advertised at public places and abroad, attracting visitors both from India and other nations. Today the State cannot guarantee that a common tourist is safe in any part of the State. This State is so rich in historical sites that it could make a business out of entertaining tourists, but today even local residents think twice of moving out of their houses for pleasure. Major heavy engineering plants and other industries have shut down. Private industry has moved out. Only in business terms, from these two sources, one a bounty of history for sight seeing, the other production out of industry, revenues have virtually come to a grinding halt. One cannot run a State on thin air. Why blame any one section? Major heavy engineering plants and other industries have shut down. Private industry has moved out. Only in business terms, from these two sources, one a bounty of history for sight seeing, the other production out of industry, revenues have virtually come to a grinding halt. One cannot run a State on thin air. Why blame any one section? The common talk that the politician is responsible for it, or the administration does not do its job is mere demagoguery. Name anyone from any stratum of society regardless, everybody who is looking for personal advantages is in this game. This cycle has to be broken and one has to go forward. 30. The court suggests the following measures as an ad interim exercise: (a) Let the Director General Police make out a list of officers from the Station House Officer up to the Additional Director Genera! of Police, of those who have remained in their station for more than four years. This dossier is to be supported with information from service record as to which officer throughout their career has remained at which station and for how long. Officers who have remained at one station for over four years must see a posting out within six weeks from today. These would be officers below the rank of Inspector General of Police. Staff below the SHOs who have remained at a particular station beyond three years will be identified by the District heads of police concerned and their movement will be undertaken by the Director General of Police.It must be mentioned that the period four years is set because in the normal course of government service, transfers and postings are made for officers if they have been at a particular station for more than three years. This order obviously does not preclude the Director General of Police from making any transfers should an officer have been at a posting for a lesser period, which is within normal administrative powers. (b) On the monitoring of crime which the law obliges the state to register the court suggests the following measures. 31. The State of Bihar will request the National Informatics Centre, Government of India, State unit, to make out a blueprint for monitoring the recording of a First Information Report, whether it is registered as an FIR or an entry in the General Diary. 31. The State of Bihar will request the National Informatics Centre, Government of India, State unit, to make out a blueprint for monitoring the recording of a First Information Report, whether it is registered as an FIR or an entry in the General Diary. Every such record in continuation of the orders of the Court dated 5 August, 2003 will be transmitted by the police stations concerned to the district police officer whether the Superintendent of Police or the Senior Superintendent of Police. This will create a data base at the district police headquarters. A summary of the FIR or the General Diary containing the offences and the persons name, will be transmitted to the District Judgeships (District and Sessions Judge). A periodic report, as the police regulations so require, will also be given on the progress and action taken on a reported crime, whether it has culminated in a final report to be filed or a charge sheet to be filed before the Magistrate concerned. 32. If common names are occurring of an accused in more than one district, this information will be shared between the police officers who are heads of the districts concerned and intimated to the police headquarters and in terms of the order dated August 5, 2003, as also to the district judgeship. 33. The National Informatics Centre (NIC) will also draw up a plan (reference orders of the Court dated August 5 and this order) how an FIR may be recorded by computer by the SP/SSP/CJM on the failure of the police station to record it, and to create a data base on crime and criminals in the state. 34. Report to be submitted by the NIC to the Director General of police for due action on it by the State Government, and the High Court to be informed on the report and progress on it. 35. Put up after to days on 25 August, 2003, in the supplementary list after fresh cases. 36. Let a copy of this order be given to learned Additional Advocate General 2.