K.V. Seetharamaiah
Based on mere complaints lodged against a person, arrests are being made. Former Karnataka Minister H.D. Revanna had been arrested, and his sons Prajwal Revanna and Suraj Revanna have been arrested based on a complaint lodged against them. Former Karnataka Chief Minister B.S. Yediyurappa has been chargesheeted in Prevention of Children from Sexual Offences (POCSO) Act based on a complaint lodged against him. But the court has ordered that no coercive action is taken against him since he is unlikely to flee. The Karnataka High Court has very well said “he (Yediyurappa) is not some Tom, Dick and Harry. He is a former Chief Minister of state. Is it your case he will flee the country? What can he do by leaving for Delhi from Bengaluru?” Through legal process, Yediyurappa has evaded arrest at least for the time being. It cannot be disputed that complaints received against anybody must definitely engage the attention of the concerned. They should be used to inquire or interrogate the accused person. But it is unfair to arrest a person based merely on complaint. Because, anyone can be complained against due to personal animosity also. Truth is unveiled only through impartial enquiry or by trial in courts only. A person convicted of the charges framed against him will definitely undergo punishment through court orders. Even in the case of Prajwal Revanna, who was abroad, the arms of law did not fail to reach him. If a person can be regarded as innocent until he is proved guilty, why should Prajwal and Suraj be in imprisonment? Let them face the trial in the courts as and when they are asked to appear in the court. Let them undergo punishment if they are convicted in the court of law. What if they are acquitted? Does it not amount to punishing innocent persons? Politically motivated charges are galore now-a-days. It is right to arrest the accused if he does not turn up to the court without valid reasons on the appointed date and time. If the accused is absolved of the charges, how can the acquitted person resurrect his lost image? Revanna, Prajwal and Suraj are in active politics. There is the possibility of politically motivated charges hurled on them to cut them to size. Is the complainant going to be brought to the wheels of justice if the complaint is found to be fake? There may be two reasons for acquittal of the accused. (1) Inability of the complainant to prove his or her case even though the complaint is genuine. (2) Really false case filed against the accused to tarnish his image. If there is candid proof to show that the complaint was fake and was lodged out of malice against the accused, the complainant deserves to be punished. Punishment for lodging false complaint is necessary to discourage more and more false complaints flooding the police stations and more and more fictitious cases knocking at the door of courts. False cases not only cause mental agony to the accused but they also fritter away the precious times of police authorities and courts. Checks and balances are necessary while handling the complaints. The damaged image cannot be refurbished in respect of the accused who is acquitted. The moment a complaint is lodged or expected to be lodged, the accused or the prospective accused runs from pillar to post to get anticipatory bail. The law does not come in the way of registering an FIR without arresting the accused. It is abundantly clear that FIR does not mean that the accused will be arrested. It has been left to the discretion of the Investigating Officer to assess the culpability of the suspect as mentioned in the complaint. Jail should be the norm only to the convicted as far as possible. Many under trials are languishing in jails without trial for a long time. It is certain that not all the under trials are or will be guilty of the charges framed against them.