New laws uphold constitution: DGP

Srinagar, July 1: Director General of Police, Rashmi Ranjan Swain Monday said that the newly-enacted criminal laws would maintain a balance between winning any war and upholding the constitution.

Talking to media persons in Srinagar, DGP Swain said that the Centre had struck a commendable balance ensuring both public and national security.

“These laws maintain a tremendous balance, respecting constitutional values and morality, which will provide public safety, security, and national integrity,” he said.

The J&K Police registered several FIRs under the newly-enforced ‘Bharatiya Nyaya Sanhita’, ‘Bharatiya Nagarik Suraksha Sanhita’, and ‘Bharatiya Sakshya Adhiniyam’, which came into effect nationwide on Monday.

These new laws have replaced the British-era Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act and address current social realities and modern-day crimes.

Elaborating on the importance of these laws, DGP Swain said: “How will you win the war? It should not happen that in safeguarding individual rights, you sink the boat you are riding. The boat is very important, and keeping it afloat is crucial.”

Reflecting on the past three decades, he said that around 45,000 people were killed in J&K, including 6000 security personnel, 23,000 terrorists, and 12,000 civilians.

Highlighting the plight of the victims, the DGP said, “There is a feeling among victims that those who commit crimes are going unpunished. We have evidence that 12,000 civilians died at the hands of terrorists, who acted as judges, prosecutors, and Police. This has happened, and we can’t escape from it.”

Highlighting the need for justice and the importance of truth prevailing without fear, he said, “Justice can be done when the truth comes out. The truth will prevail only when we work without any fear. The investigating officer will take statements without fear, and you will record your statement without fear in court. The normal rule of law will prevail when there is no fear or minimal fear, but if fear grows, the investigating officer fears, the prosecutor fears, the judge fears, and the system is hijacked.”

DGP Swain pointed out that those committing crimes often allege that such a rule of law does not exist and said, “To bring rule of law, the fear has to be brought down.”

He detailed the enhanced responsibilities and capabilities granted to the Police, including increased use of CCTVs with real-time capabilities and the obligation to maintain and digitally display records of arrested persons, reinforcing transparency and accountability.

Addressing challenges like infrastructure investment and data security, the DGP emphasised the importance of quality training for Police personnel, particularly in forensics.

“We need to strengthen our personnel pool with forensic experts to handle digital evidence and devices,” he said. DGP Swain said that the Police and security forces had strongly fought against terrorism.

“The adversary does not want the rule of law. We want that. These new laws are a booster and enabler and provide a helpful framework. Through these laws, we can fight those who disturb the rule of law responsibly, keeping in view our limitations and punishing them accordingly in the court of law,” he said.