By drawing my attention to an ongoing media trial over a loads of sexually explicit audio-video tapes of the teachers and a baba of a school, my Colleague asked me, why didn’t the than government take any action against those schools when similar or related crimes had taken place?

Rather answering to his question, directly, I asked him, did the Parents boycott those schools after such crimes came to surface? “No” was his answer.

So, as long as, we as a society won’t boycott such schools and such babas’ and giving them the label “big, great, brilliant, excellent,” which they don’t deserve [by ignoring their past antecedents ], I don’t think either those schools would change their attitude nor their babas’ and / or otherwise the authorities concerned would take any appropriate action, either.

Because we have a system in place like that!

The preventer of the crime would not act till his boss gives him instruction to prevent it from happening and his boss hands are already cuffed by his political masters with an instructions – to go unnoticed on such crimes!

While the last resort of our system is Judiciary, and it only on some rare occasion intervenes suo moto and display its supremacy over administrator’s inaction!

Then the aggrieved State or the abuser moves the Appellate Forum and get a stay on the suo moto action of the Lower Court or made the Higher Forum to quash any such Order passed by the Lower Court.

And such suo moto action of the Lower Court will come back again to the same place where it begun and now the crime prospers far better than the past!

This is vicious cycle of our system!

Take an example of this case:

Yesterday, SC in one of its hearing has said;

“We are approving the entire judgment of the High Court except one sentence-Only in so far as there is a positive direction to the Investigating Officer to arrest the petitioner, we are only setting that aside.”

The Court further says in its judgment; “Whether the accused is liable to be arrested or not is dependent on the investigation of a particular crime. It is for the investigation agency, the COD in this case, to take a call. We will set aside and quash this condition. It is open to take a call as to if and when the petitioner is to be arrested.”

• The fact of the case was, the Petitioner Accused was not granted anticipatory bail by the Sessions Court in a rape case, and he was not arrested by the Respondent Police either.

• When the case was heard by the High Court, it confirmed Sessions Court’s order and it had also Ordered the State to handover the case to Corps of Detectives [COD is a superior breed of the State Police] after arriving at a conclusion that the concerned IO was hand-in-glove with the Petitioner Accused.

• Further, the High Court directed COD to arrest and produce the Petitioner Accused before the Jurisdictional Court.

To which, the SC have pronounced such quoted statements in its Judgment.

Otherwise by quoting such statements, the SC have literally took away the powers of the High Court and / or under-estimated latter’s wisdom on the case, it dealt with, and placed the COD [read Police] one rank above the State’s High Court. Very , very unfortunate!

Code of Criminal Procedure [Cr.P.C.] nowhere restrict powers of the High Court. Even an ordinary man is legally authorised to arrest an accused and produced him in the Court provided the Magistrate issues a warrant to do so, according to the tenets of the Cr.P.C. Having said that I don’t deny case to case such notion differs.

Howsoever, quash of High Court’s such legitimate order only leads to believe that the SC was wrong. And it will only set bad precedent.