989 Friction between Ruling Party Legislators and the Administration & Law Enforcement Functionaries may be a Universal Problem, but it seems to be escalating in Andhra Pradesh!

Friction between Ruling Party Legislators and the Functionaries of Administration and Law Enforcement, may be a Universal phenomenon, but it appears to be escalating in the State of Andhra Pradesh, India. The duties of Legislators in their most basic form, as envisaged in Constitutions, and practices in different countries, seem to be limited to framing of laws, introducing bills in Parliaments and Assemblies, raising some questions of nature pertaining to the Nation, Province, or the particular Constituency of the Legislator. They are not expected to undertake Executive functions, or intrude into administrative / law enforcement functions. But, then there may be instances of very very exceptional nature, such as intervening when extreme injustice is being done to the poorest and the weakest of the society, particularly the most downtrodden in the Constituency of the Legislator.

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One latest such example: Fifteen Ruling Party MLAs and MLCs in West Godavari District, have decided to surrender the 'Gunmen' protection given to them for their personal security by the Government. This decision to surrender Gunmen was made in the presence of the In-charge Minister for West Godavari Mr. Prattipati Pulla Rao, and the Labor Minister, Mr. Pithani Satyanarayana, belonging to the West Godavari District.

Starting point: A dispute arose between dalits belonging to Telugu Desam Party and the YSRC Party, in West Godavari District. The village is in Iragavaram Police Station Limits. Iragavaram Police Sub Inspector is investigating the case. The Telugu Desam Party supporters approached the Legislator of the Tanuku Constituency Mr. Arimilli Radhakrishna for help.

Shri Radhakrishna, MLA reportedly asked the Iragavaram Sub Inspector, Srinivasa Rao, to meet Him at His Residence At Relangi village In Iragavaram mandal. The Sub Inspector Srinivasa Rao, along with his Station writer Prateep Kumar went to the Relangi village, as advised by the legislator. It is alleged that Shri Radhakrishna detained the Iragavaram Sub Inspector and his station writer at Telugu Desam party office in Velpuru of Tanuku rural mandal. They were released after intervention by Senior Police Functionaries. On complaint from the SI and the Writer, the Police have registered a case against the MLA and eight others for wrongful confinement under Sections 341, 342 and 353 of Indian Penal Code.

According to the Tanuku MLA, the Police have booked cases only against dalits supporting Telugu Desam Party, and failed to book cases against the Rival dalits. Some allegations reportedly made by the Tanuku MLA:

Superintendent of Police is running a parallel government in the district.
He is encouraging the police to book cases against TD workers.
I did not confine anybody.
Why the police confined and booked cases against Dalit women and arrested them in midnight?
West Godavari Police Officers’ Association has no powers due to lack of elections for the past five years.
I have not committed any mistake.
I shall not bow my head to anybody. If party elders, Chief Minister N. Chandrababu Naidu and N. Lokesh believe in the police action, I shall resign.
Police could not do any action against the cricket betting mafia and other mafias in the district.

What will the Chief Minister do?

His past actions in similar instances will show, the likely outcome in the present Tanuku case. That means he may not do anything. Or probably, he may ask the Tanuku MLA to apologise, and ask the Police Officials to close the matter. Then, wait for the next example of Friction!!!

Past Recent Instances

Manhandling of a Lady Mandal Revenue Officer, by Denduluru MLA, Mr. Chintamaneni Prabhakar.
Altercation of the Vijayavada MP Shri Kesineni Nani, MLA Shri Bonda Umamaheswara Rao, MLC Shri Budda Venkanna, with the Dy. Commissioner of Transport Mr. Subrahmanyam, and his Gunman.
Altercation by Denduluru MLA, Mr. Chintamaneni Prabhakar with Police Officials, at Gundugolanu.
Altercation of Opposition Leader Mr. Y.S. Jaganmohan Reddy, with Police Officials in Visakhapatnam, during which he threatened that he would become Chief Minister in two years.

yb-a-donkey's suggestions which are not intended to be imposed on others

Police Officials seem to act with great attention and sincerity when they themselves are ill-treated by People's Representatives. When others are ill-treated by People's Representatives, why they fail to ignore?

These things may appear to be too flimsy and frivolous, when viewed from a National or a global angle. But these issues apparently exist in almost all the 29 States of India, and probably abroad. Global examples, I shall give later on.

Question: Why an MLA? What an ordinary citizen, should do if Administrative Officials and Police Officials fail to take any action, or fail to act impartially?

Ans: In case of criminal issues, aggrieved persons can file 'private cases' in the Magistrate Courts of appropriate jurisdiction. The Magistrates will instruct the Police to register cases.
Writ of Mandamus can be filed in High Courts of appropriate Jurisdiction under Article 226 of Constitution. Writ of Mandamus. For those who do not know about the Writ of Mandamus, here is its meaning:

Mandamus is a Latin word, which means "We Command". Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. This writ of command is issued by the Supreme Court or High court when any government, court, corporation or any public authority has to do a public duty but fails to do so.

For those who wish to know about the five type of Writ Petitions available in India, the following link will help: Click here to go to http://www.leadthecompetition.in/GKT/gktopics.html.

Question: Going to courts is a cumbersome, expensive, time-consuming affair. Everybody cannot run around courts. Suggest some other solution:

Ans: Police Officials have their own set of problems. Overpopulation, under-staffing, lack of vehicles, Corruption etc.

Prima facie, investigation of crimes is a subject of State Governments in India. It tantamounts conferring monopoly to the State Police over investigation of crimes. This monopoly invariably breeds bias, lethargy, and corruption. There must be a competitor. We have in Banking Sector, Insurance Sector, Medical Sector lots of competition, even amidst public sector bodies. Then why not in criminal investigations? Central Government can establish Central Crime Police in every State, to compete with the State Police. Though CBI handles some cases at present, it is not a full-pledged Police Organ. In case of corruption in Central Government bodies, it investigates. In respect of other crimes, either State Governments have to request for a CBI investigation, or the Central Government / Courts have to advise CBI to take up. CBI is located in one or two Cities in Indian States.

Central crime Police Stations should be established at every place, depending on the number of crimes. People should be free either to approach the State Police or the Central Crime Police. Wherever they lodge their complaint with one Organ, they can change to the second organ, only after expressing dissatisfaction with the first organ. However, there should be no compulsion for the second organ before proceeding with the investigation, to obtain the consent of the first organ. After all, why the Citizen is shifting? Because the first Organ is not co-operating. If consent from the first organ is insisted upon, it will lead to corruption. There is nothing wrong in two Agencies simultaneously conducting investigations, depending on circumstances and situations.

Question: If both the State and Central Crime Police refuse to register an FIR?

Then, the option of approaching a Magistrate Court, is already available. That means three options are available. If Magistrate too fails to deliver justice, there is always the fourth option of the Writ of Mandamus under Article 226 with High Court, and when High Courts too fail, one can go to Supreme Court under Article 32.

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