As regards the public prosecutors, they are no longer answerable to the police chiefs as they were twenty years ago. The result has been quite disastrous in terms of conviction figures, interest taken in successful prosecution and, above all, in the quantum of corruption because of the opportunity it affords to the police and the prosecutor to shift blame to each other.

The judge has castigated the investigating officers for flaws in the investigation. Considering the fall in standards of supervision and the fall in motivational levels all round, it is not surprising that the investigation has not been up to the mark in this case also. In fact, it is easy to point out flaws in most investigations by the police as they are loath to devote time to detail. In the final analysis, all arms of the judicial process system are culpable and I am sure that the high court will be sufficiently shocked to see how justice is being dispensed in a most uncaring and cursory manner.

In a knee-jerk reaction to the public rage, the police have defensively stated that they are going to appeal and will even press for a murder charge against the accused! The police should know that the act does not amount to murder but could be stretched to bring it within section 304 of the IPC, which describes culpable homicide not amounting to murder. In the past, the police have never applied this section of the law for death caused by rash and negligent driving because of the specific provision contained in section 304A of the IPC. But after Salman Khan’s case the culpable homicide charge was added in order to assuage public anger.

... contd.