Friday, March 29, 2019

View Of Politicians Police And Criminal Nexus Criminology Essay

View Of Politicians Police And Criminal connexion Criminology EssayThe variant abuse syndicates/mafia organizations grow developed prodigious muscle and coin index finger and have established linkages The existing iniquitous arbitrator agreement, which was essenti all in ally designed to recognise with the individual law-breakings, is unable to occupy with organization functionaries, political removeers and early(a)s to be able to operate with impunity. The catastrophe is not that the evils afflicting indian lodge and the emerging constitution atomic number 18 not known, solely the indifference of the leaders across the spectrum to the toll they atomic number 18 doing to the political system is abysmal. Enjoyment of power is wrecking the system from within. thither is a requirement to nip the budding savage in early stages which allow be helpful in ending contact considerably.INTRODUCTIONThe rule of up obligationness is a assay-mark of democracy. To put i t simply, it means order and stability in the society.1Politicians choose silver and muscle power to maintain their positions of power and authority. Criminals blow up on wrongdoings and need some help to keep the police personnel office let on of their way. Police is certified upon the politicians for promotions and smooth service in business. So there exists a mutual benefit relationship surrounded by police, politicians and evils. at a time the politician reaches a particular stature and develops a clout, he dictates legal injury to Police and Bureaucracy much to the delight of the criminal elements. The bonds make stronger and either finds it difficult to survive without the help of the opposite and the point of no fruit is reached.2POLITICAL POLICE AND CRIMINAL NEXUSThe police are a foundation of rule of jurisprudence and play an essential role in establishing it. They maintain the law and order in the society and foster the right and freedoms of the citizens.Th e rule of law presumes that police should serve the citizen and remain free from the cultivate of political establishment3. Police has varied duties from help the people to protect the book in. The local anesthetic in India, are corrupt by and large and the candor is often disputed. Most police officers associate themselves with criminals in their locality as the police are often involved in the same crimes and/or in many cases seek to claim a share of the money collected by the criminals.4The police provide assistance to the criminals by refusing to understand a case against them. Police are considered to be criminals in undifferentiated who work according to the wishes of the political parties in power at the disbursal of state funds. Most police officers associate themselves with criminals in their locality as the police are often involved in the same crimes and/or in many cases seek to claim a share of the money collected by the criminals. The police assist the criminals by either refusing to dupe any action against them or, if under pressure, by registering cases barely failing to decently investigate them. Some policemen have not got over their old colonial mentality and are persisting in barbaric acts in a free country which claims to be run by democratic record and rule of law.The liaison between criminal gangs, police, bureaucracy and politicians has come out clearly in divers(a) parts of the country.5The history of police and criminal tie-in is very old. Report on the nexus between the Bombay city Police and the Bombay under-world was prepared by CBI in 1986 which shows that police and criminal nexus is not new. An organized crime syndicate or mafia broadly commences its activities by indulging in petty crime at the local aim, mostly relating to illicit distillation/gambling/organized satta and prostitution in the larger towns. In port towns, their activities involve import and sale of merchandise goods and progressively gradua te to narcotics and drug trafficking. In the bigger cities, the main outset of income re slows to real estate forcibly occupying lands/buildings, procuring such(prenominal) properties at cheap rank by forcing out the existing occupants/tenants etc. Even in the little towns and rural areas, muscle-men have become the order of the day. Hired assassins have become a part of these organizations.The various crime syndicates organizations have developed meaning(a) muscle and money power and have established linkages with administration functionaries, political leaders and separates to be able to operate with impunity.The existing criminal justice system, which was essentially designed to deal with the individual crimes, is unable to deal with the activities of the maffia the purvey of law in regard economic offences are powerless there are insurmountable legal difficulties in attaching/confiscation of the property acquired through Mafia activities. In certain States, like Bihar , Haryana and UP, these gangs enjoy the hold up of local level politicians, cutting across party lines and the protection of governmental functionaries. Some political leaders become the leaders of these gangs and, over the years, welcome themselves elected to local bodies, State Assemblies and the national Parliament. Consequently, such elements have acquired goodly political clout adeptly jeopardizing the smooth functioning of the administration and the caoutchouc of life and property of the common man, causing a sense of hopelessness and alienation among the people. The big smuggling Syndicates, having international linkages, have spread into and give the various economic and fiscal activities, including Havana transactions, circulation of black money and operations of a vicious parallel economy causing sound damage to the economic fibre of the country. These syndicates have acquired substantial financial and muscle power and favorable respectability and have successfull y corrupted the government machinery at all levels and wield enough influence to make the task of investigate and Prosecuting agencies extremely difficult even the members of the Judicial system have not escaped the embrace of the Mafia. Certain elements of the Mafia have paper baged to narcotics, drugs and weapon smuggling and established narco-terrorism nets, specially in the States of JK, Punjab, Gujarat and Maharashtra. The Bombay bomb blast case and the communal, riots in Surat and Ahmedabad have demonstrated how the Indian underworld has been exploited by the Pak ISI and the latters network in UAE to cause sabotage, subversion and communal tension in various parts of the country. The investigations into the Bombay bomb blast cases have revealed extensive linkages of the underworld in the various governmental agencies, political circles, business sector and the film world. It is unequivocal that the muscle power of the crime Syndicates is sustained by their enormous financi al power which, in turn, is, secured by the Mafia elements by committing economic offences with impunity. the various economic learning/investigative/enforcement agencies under Secretary (Revenue) operates are important Board of Excise usance (CBEC) it is liable for the prevention of smuggling, In this and other tasks, it is assisted by the by the Director General of Revenue watchword (DGRI) and the directorate General of Anti-Evasion (DGAE). The DGRI deals with the evasion of customs duties the DGAE with Excise duty evasion. rudimentary Board of Direct Taxes (CBDT), rudimentary Economic Intelligence Bureau (CEIB) The CEIB is responsible for coordinating and strengthening the intelligence gathering activities and the investigative and enforcement actions of the various agencies responsible for investigation into economic offences and the enforcement of economic laws. Its main tasks are Identification of major(ip) sources generating black money directing and developing inte lligence about such sources planning and coordinating action and operations against such sources. Enforcement Directorate This Directorate is refer with the enforcement of the investigation and penal provision of the Foreign Exchange command Act collection of intelligence relating to foreign exchange offences enquiries into suspected violations of the provisions of FERA, etc. Narcotics Control Bureau (NCB) The NCB is responsible for the administration of the Narcotic Drugs and mind-blowing Substances Act. It is responsible for coordination with different Central and State Government Departments/Ministries and the various Central and State law enforcement agencies for the implementation of the NDPS Act.These are the main agencies to tackle the crimes link up to the tax and narcotic substances but the functioning of these agencies is hampered by the pressure which is settlement police political and criminal nexus The linkages developed by crime Syndicates get generally confirmed when pressure is mounted on the concerned agencies not to take action against the offenders or to go slow in the cases against them. Such pressures are mounted either immediately after a raid is conducted or at the time when prosecution is about to be initiated. Pressures are also exerted whenever corrupt and undesirable officers are shifted from sensitive assignments (Preventive Customs Divisions at the Airports, sensitive Collect orates in the Central Excise etc.)In the narcotics arena, which includes cultivation of opium, manufacture of alkaloids, prevention of narcotics, smuggling etc. the financial put on the line are astronomically in high spirits. Consequently, the level of corruption is of a very high order in this area of functioning and enormous pressures are brought to pay up even when subordinate officials are posted away especially when the shift of an officer adversely affects the interests of those who are making easy money. Narcotics trade has a world-wide networ k of smugglers who also have close links with terrorists. Terrorists indulge in narcotics trade to amass huge funds, in various foreign currencies, from which they source their procurement of weapons etc. the consequences of the this nexus between criminal and politicians is very libelous and to deal with the consequences we have to empower these agencies with the to a greater extent effective power and machinery.The disaster is not that the evils afflicting society and the emerging system are not known, but the indifference of the leaders across the spectrum to the damage they are doing to the political system is abysmal. Enjoyment of power is wrecking the system from within. It is matter for most serious concern that an increasing number of police officers are serving put to sleep terms or facing trials for serious offences There is an emergence of the politico-bureaucratic-criminal nexus which has assumed command in several parts of the country. It is indeed a matter for utmost concern that many functionaries, who are elements of the criminal nexus, whitethorn also be occupying sensitive positions in the security management apparatus.harmonize to a recent study the present Lok Sabha has the unique distinction of having as many as 125 members with criminal background.6There are serious charges of rape, murder, kidnapping and extortion unfinished against many of the honorable members. They have not been convicted merely and there is no chance for it in the near future. Cases against them have been pending since ages and can never be disposed off. Saner elements in civil society and concerned citizens are beginning to be worried at the subtlety of full-fledged criminalization of politics and politicisation of criminals to use the formulation of one of our bill Ministers.7If the present trend of criminalization among the elected representatives continues, the doomsday of rule of law in India would soon arrive. The present day politicians have proved late Churchill right when he said that scoundrels would rule India. Rather the situation right away is far worse.The language of politics has changed over the years. Celebrations over, the politicians will now be back at the games they play in the pursuit of power and all that goes with it.8Politicians are busy , they cannot spare time for the people and are wrapped in the chase for power. They do not have a arcsecond to ponder over what they have done to the Constitution. In fact, politicians of all sorts have hijacked the democratic system to run it for their own convenience and not for serving the people. If any organ of the State chooses to block their way, they try to bend it to their will by means fair and foul.9In the past two decades and more there has been a growing increase in complaints of corruption, particularly at the levels which hurt the common man the most. Consequently, people have lost swan in the commitment and capacity of the governments, at the Centre and in the States, to pull ahead their welfare.10Elections involving money and muscle power have failed to father desirable results. The communalisation and criminalisation of politics, endemic corruption and ineffectiveness of the governmental machinery have tarnished the image of brass instrument and severely eroded its effectiveness.11White collar criminality is fairly customary in Politics. The standards of conduct are high among politicians as they are in commercial life. White-collar crimes violate trust and create disgust, which lowers social team spirit and produces social disorganization on a large scale. Other crimes produce relatively little effect on social institutions or social organization.12Some people believe that there are still innocent(p) and honest politicians in the country, but nothing is being done by these honest people to control the pervasive corruption in the country. The politicians are busy playing blame games. There is hesitation to call a spade a spade.Th e rule of law is a legal maxim that states no person is immune to law. it means that law is equal for every man and no one is above the law is supreme this is rigorously a concept of democracy where peoples will are supreme and laws are made to meet the expectations of the public. India is the democratic country and rule of law is the hallmark of it we have a vast machinery to protect the rule of the law in our country we have CBI, IB and other investigating agencies they are there to protect the rule of law but because of the police political and criminal nexus the functioning of these agencies are affected very much because agencies like CBI, CID and other investigating agencies start their investigation on the recommendation of state government or central government or SC or HC state governments which are dominated by the MLAS who have their glorious criminal records generally not preferred to give investigation charge to CBI and they preferred to give the matter to CID which is a puppet at the hands of state government which has made them useless. The functioning of these agencies are dominated by the political know who hamper it at every level for the primary information of the crime as well as information of the local activity. These agencies are dependent upon the police which corrupt in the present time. they are the criminals in supply who provide every facility to criminals and help them at every level from the time of registration of the complaint inside the police stations, prisons and even the courts. sometimes they are involved in escape of criminals from the lockup As the dictatorial Court rightly observed that if the protector becomes the predator, the civilized society would wind up to exist. This phrase can be to describe the current scenario of India.CONCLUSIONAt present, there is no mechanism which is specifically designated to collect and collate intelligence pertaining to the linkages developed by criminals with the governmental set up. Nonetheless, thevarious intelligence agencies collect, in thenormal course of their functioning, information about the nexus betweenthe bureaucracy and politicians with the Mafia gangs, smugglers and theunderworld. These agencies use such available inputs only within the delimit confines of their work charter and choose not to take indefensiblecognisance and follow-up action, leave alone sharing with any otheragencies. Thus, all these agencies function within their own cocoons,with the result that a superfluity of information fails to get specific andpurposeful attention needed for the characterization of the linkages. It is,therefore, necessary to immediately have an institutionalized systemwhich while natural endowment total freedom to the various agencies to pursue theircharter of work, would simultaneously jut out on them the onus of sharingsuch inputs to a nodal outfit whose line of reasoning will be to process this informationfor attention of a individual(a) designa ted authority. This will enable thenodal Group to provide useful leads to the various agencies and, overtime, a progressive database will get generated to facilitate periodicreviews and analytic thinking which could then be passed to a designated body Fighting the nexus between the politicians and criminal elements should become a National agenda transcending party politics. sensible efforts should be made by all parties to prevent infiltration of criminal elements in their ranks. They should play their support to amend the Representation of Peoples Act to reject opportunities to people with criminal records of moral turpitude and violence, to contest the elections. They should also lend support to pass legislation to deal firmly with organized crime. . There is need for a special legislation like other countries to deal with this menace. We need special courts and suitable modifications in the Criminal Procedure and differentiate Acts to make justice swifter. A stitch in tim e saves nine. The softness of the criminal justice system to deal firmly with infractions like gambling, prostitution, drugs lead to development of organized crime. Yesterdays petty criminals are todays dons. Hence, there is a need to nip the budding criminal in early stages which will be helpful in ending nexus considerably.

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