By Rajeshwar Singh

The latest killing of Atiq Ahmed has highlighted the necessity for reforms in judicial, legislative and govt equipment in an effort to scale back organised crime

Gangster Atiq Ahmed and his brother Ashraf had been killed in entrance of TV cameras, whereas in police custody in Prayagraj on fifteenth of April. The killings have captured the nationwide curiosity and dropped at the forefront the problem of organised crime within the state of Uttar Pradesh and the nation typically.

People on all sides of the political spectrum have opined on the problem. In reality, there have additionally been a number of opinion items in main English newspapers country-wide which have criticised the state authorities and sympathised with Ahmed. However, these appear to be misdirected assaults which don’t tackle the precise underlying points. 

Most discussions surrounding the incident have been restricted to criticism of additional judicial killings, i.e. police encounters. This ignores the very important indisputable fact that Atiq Ahmed was not gunned down by the police. In reality, he was killed by three younger males who, presumably, had been additionally concerned in organised crime in UP, very like Ahmed. Hence, it’s vital that the homicide of Ahmed ought to herald a dialogue on what are the elements that enable such prevalence of organised crime in UP and what reforms must be contemplated to treatment the identical. 

Suggested reforms to sort out organised crime syndicates

It is related to focus on the endemic points on account of which organised crime has grown to be an issue that commonly ends in incidents that seize nationwide and worldwide consideration. A gradual and inefficient investigative and judicial equipment, rampant intimidation of witnesses, straightforward availability of unlawful arms are a number of the major facilitators of organised crime.

Special investigative models and courts resulting in quicker convictions

The sluggish judicial mechanism within the nation is constantly exploited by felony syndicates to proceed operations regardless of their nature being an ‘open secret’. On account of the gradual judicial and investigative course of in India, gangsters like Ahmed are under-trial for much too lengthy and therefore even the establishment of instances doesn’t mar their felony operations. Due to this changing into a long-drawn course of, the flexibility of the felony justice system to carry them accountable reduces considerably.

Prolonged trials, being of their curiosity, there are various artistic steps utilised by such criminals to delay trials. From making witnesses disappear or intimidating them into withdrawing, to sending threats to the prosecutors and judges has been the norm. Gangsters and rich criminals have additionally been in a position to entry rights given to beneath trials and accused individuals beneath the legislation to the fullest extent, together with bail provisions and being given each freedom afforded to prisoners beneath the legislation. This has meant that these people have been in a position to proceed working their felony gangs from inside jail and preserve their political maintain in sure areas.

Accordingly, it’s crucial that specialised courts conducting fast-track trials are established to cope with issues referring to gang-violence. In UP, the Uttar Pradesh Control of Goondas Act, 1970 (Goonda Act) offers with such mobsters and particularly defines a “goonda” offering for detention and externment of such individuals. This specific actandU.P. Gangsters and Anti-Social Activities (Prevention)Act, 1986, whose validity and part has additionally been upheld not too long ago by the honourableSupreme Court on twenty seventh April 2022, must be expanded to determine particular fast-track courts to attempt such individuals and supply for harsher punishments towards such ordinary offenders for gang-related crimes. The trial should conclude in a most of two years.

Further, the governments ought to set up a specialised anti-gang unit inside the police division, which ought to have the authority to research and prosecute gang-related crimes. This unit must be supplied with satisfactory assets, coaching, and tools to successfully fight gang violence.

Even the judiciary wants to make sure that instances associated to gang violence are prioritized and dealt promptly. This would ship a robust message that the justice system takes gang violence severely and would act as a deterrent for potential offenders.

Witness safety

Additionally, organised crime syndicates usually use violence and intimidation ways to perpetuate their management over sure areas and communities. One approach they do that is by intimidating witnesses who may converse out towards their felony actions. Witnesses who converse out towards gang violence or cooperate with legislation enforcement businesses could also be threatened or bodily harmed, making them much less more likely to testify in courtroom. This creates a local weather of worry and impunity that permits gangs to function with out worry of penalties.

In reality, the prolongation of the trials of members of organised crime syndicates provides the under-trials ample time to intimidate, or in excessive instances, even trigger the demise of such witnesses testifying towards them. Hence, the establishment of such instances and the delay in completion of trials turns into a direct, steady and extended menace to harmless witnesses concerned in these instances. Without there being important assets to guard these witnesses, the police typically must undertake balancing actions to curb such violence, which actions thereafter come beneath public and judicial scrutiny. 

As such, all of the states of India, together with Uttar Pradesh, require a sturdy witness safety programme. The Witness Protection Scheme, 2018 offers for a mechanism to guard any witnesses beneath menace in an expeditious method. The scheme offers for a witness safety fund, which includes, amongst different issues, budgetary allocation by the state authorities and contributions from residents, corporates. Other than great amount of funds being allotted for a similar by the federal government, residents and companies also needs to contribute to the identical which might enable simpler trials and quicker convictions in gang-related crimes.  

Regulation of unlawful arms

Apart from the above, the prevalence of unlawful weapons throughout the nation is a significant component that encourages gang violence. Illegal weapons are simply obtainable within the states, and they’re usually utilized by gangs to intimidate rivals, management territories, and perform violent crimes.

The Arms Act, 1959 regulates the sale, possession, and use of firearms in India.The central authorities might contemplate amending this act to make it extra stringent to make sure that it’s successfully enforced and that straightforward availability of unlawful weapons is curbed. 

The central authorities ought to strengthen border controls to stop the smuggling of unlawful weapons into Uttar Pradesh and likewise, all different states having worldwide boundaries. This may very well be achieved by growing the variety of border patrols, utilizing superior expertise to detect unlawful weapons, and enhancing cooperation with neighbouring states.

Misdirected makes an attempt at systemic reform

The PIL within the Supreme Court

Subsequent to the murders of Ahmed and his brother, a plea has additionally been filed earlier than the honourable Supreme Court searching for the structure of an unbiased professional committee headed by a former apex courtroom decide to probe the killings. Additionally, UP Police has additionally acquired a discover from the National Human Rights Commission, which seeks a report on how such an incident was allowed to occur whereas Atiq Ahmed was in police custody. 

As regards such PILs being entertained in courts, it’s pertinent to say that strikes on a part of the courtroom to legislate, monitor govt businesses, or searching for to settle coverage issues encroach upon spheres of legislation constitutionally reserved for the chief. There have been issues voiced in regards to the message that may be despatched if the courtroom chooses to train its extraordinary powers within the case of Atiq Ahmed. Since an unbiased fact-finding committee has already been appointed by the state authorities, there arises no must intrude at this stage. Additionally, in a matter the place there’s a stark distinction in response between completely different political wings within the nation, the courtroom could need to cope with criticisms pertaining to judicial populism. The courtroom’s focus ought to pivot away from concerning PIL’s as strategies of granting symbolic justice to specializing in extraordinary conditions the place intervention is totally merited. To say the least, there are higher makes use of for the honourableCourt’s time.

In reality if the aforementioned PIL is entertained, the courtroom ought to give attention to the reforms and cures as acknowledged above, as a substitute of getting maintain of the improper finish of the stick and specializing in elevated safety and well-being of criminals who’re the reason for the whole drawback.

Conclusion

The misdirection brought on by pushing a story of state and spiritual violence will drive consideration away from implementing the required options and is merely an try and politicise such incidents. In reality, the prevalence of such gang violence in India and the systemic delays in coping with it leads many to argue that state justice for a similar isn’t sufficient for such a menace and a extra direct strategy resulting in ‘poetic justice’ be resorted to. However, a long-term, sustainable resolution of such an issue requires that the systemic adjustments and measures as have been mentioned above be applied in order that the obtainable judicial mechanism is enough to cope with this menace. 

The author is a Member of the Legislative Assembly from Lucknow, he’s B.Tech from IIT Dhanbad. He is Ex-Cop, Ex-JD, Enforcement Directorate and a practising lawyer.