India's Supreme Court and Police: Consensus and Conflicts
Synopsis
The Supreme Court of India interprets the, provisions of the Codes and lays down the judge-made laws which bind the police, subordinate courts and people. The court-made laws are plenty and it becomes obligatory for the police to follow the laws, directives and principles pronounced by the Courts of Record. But there may occur conflicts and consensus even between the Apex Court and the police whenever laws are enforced Museum piece Penal Code of 1860 and the antiquated Evidence Act of 1872 are still in use. Certainly, there exist conflicting views on one and the same points by various High Courts in India pronounced at different times. The police may be confused and there is a view that the ignorance of police about the judicial precedents made them to function, sometimes, against the judicially honoured laws in administration of justice. The distance between the Apex Court and the floor level police functionaries is found to be real in operational level. This book deals with what is laid down by the Supreme Court and what is practiced by the police in live situations. The communication gap between the Supreme Court and police functionaries needs to be bridged- The laws in theory may be what the judges say, but the laws in practice may be what or how the police enforce them in real live situations. No doubt, there must be consensus between the judge-made laws and police enforced laws. The book brings out the strengths and weaknesses in police and justice administration. The system’s accountability matters a lot here and the book gives a frank, honest and just exposition of what is going on in India. The author expresses his reasoned opposition to some of the judge-made laws and police strategies. The book is pregnant with his experiments, experiences and illustrations of many kinds.
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