Baljeet: In Bihar, UP if you have muscle power, you are packing heat and have few pehlwan's with you as body guard, you automatically become "Muhallay ka dada".
Sachin: I was just wondering how the British managed to keep these "pehelwans" and other busy-bodies in firm control. I don't think Bihar and UP were law-less places during the Raj. My understanding is that this rot crept in only after we got our azaadi, and it was a downwards spiral all the way.
During British Raj, the Jury System was used and was effective to get small time violent gangsters (pehalvaans) convicted and imprisoned. The local level open daadaagiri is a product of nexuses of local criminals with local judges, local IPS etc which grew only after Nehru and SCjs killed JurySys in 1956.
How does judge system promote gang-ism? I will take some relevant portion from my manifesto
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How career crime increases in judge system due to cross-nepotism
Consider a mid-level career criminal with a gang of 50-100 criminals. He may be operating in some 5-10 areas. Now to sustain their operations, he and his gang members would need to pay monthly bribes to many MLAs, MPs, police officers, other officers, government lawyers, judges etc and would also need money to hire lawyers, mercenaries etc on time to time basis. All this, means a monthly FIXED COST of lakhs of rupees. Now such career criminal CAN NOT always get all costs from just 5-10 victims. So almost always, a gang of career criminals has to victimize 100s of victims a month. In short, a career criminal and his gang-member has to commit 100s of crime a month. Out of so many crimes, some 20-30 of victims would end up filing complain in the courts.
This would generate some 300-400 court cases per year.
In the judge system, say 1000 cases that get filed in 4-5 years against that ganglord and his gang-members. All these cases will go to just 5-10 judges. So in order to delay the case to frustrate the witnesses or get outright acquittals, the gang leader has to cultivate nexuses with ONLY 5-10 judges.This is more than easy as every judges as relatives who practice in the same campus. If the ganglord manages to cultivate nexuses with 5-10 judges, and he can manage an acquittal/delay in 99% cases. Thats easy, and happens all over India.
In the Jury System, each of the 1000 cases will go to 12-15 DIFFERENT Jurors, randomly chosen from the district, state or nation. So these 1000 cases will go to 12000 to 15000 district, state or nation. So to get acquittals in 1000 cases in 5 years, the gang leader will need to cultivate nexuses with 12000 Jurors. To get 10% acquittals, he needs to form nexuses with 1200-2000 Jurors. This is logistic impossibility.
IOW, since a large number of cases in Indian courts are resolved by a small number of individuals (i.e. judges) the career criminal have cultivated nexuses with judges' relatives and are having a field day. While West uses a very large number of individuals to resolve court cases, which makes establishing nexuses difficult to the extent of impossible. So many career crimes, such as extortion, in West have vanished.
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Rest of the chapter is relevant to crime problem, but outside the scope of the thread. Those who are interested may see
http://rahulmehta.com/improve_courts.htm#a_0008 for details
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See also topic-3 of
http://rahulmehta.com/improve_police.htm
Coroner’s Inquest (or Coroner’s Court or Coroner’s Jury)
Why is police of West much less corrupt and atrocious than that in India? Well, lets ask this question differently. Since when did corruption and atrocities in Western police start decreasing? In around 800 AD, the citizens of UK were able to force King to conduct Inquest (i.e. Inquiry) every time a policemen was involved in death of a common or a major crime. In case of death, the Inquiry was compulsory and in case of other allegations, like beating or bribery, it was optional. The inquiry was conducted by King’s officer who almost always had nexuses, relation with local police chief and other policemen, and so inquiries used to be farce. The situation is similar to today. Almost always, when there is a death in police custody, an inquiry is conducted by Magistrate or higher raking authority such as District judge or sometimes commission of retired HCj. But the in-charge of these inquiries often have nexuses with IPS and so nothing serious happens. The inquest was called Coroner’s Inquest, the word Coroner meaning Crown i.e. the King.
The true activists of UK around 1000 AD realized that if the inquiry is headed by officer appointed by the King, such inquiry is nothing but farce. So the activists forced the King to make a change --- the inquiry was not headed by King’s officer any longer but by 6 to 12 citizens chosen at random from the district’s adult population. The Jurors would give one of the three verdicts on the accused policemen’s actions --- justifiable, excusable or criminal. If the Jurors vote his action as criminal, he is almost always expelled and subsequent trial decides prison sentence. The sentence is decided by a next formal Jury Trial. In the inquest, the Jurors are allowed to ask questions and any citizen is allowed to speak, even if he is not a direct witness. IOW, the Coroner’s Inquest by 1000 AD in UK was no longer an Inquiry by Crown, but it was Inquiry by the Citizens. This Citizen’s Inquiry was the turning point in behavior of policemen,
Now it was no longer possible for policemen to have nexuses with those in-charge of inquiry or their relatives, and these in-charge were 12 citizens chosen at random from a population of 1000s or lakhs. So policemen before committing any atrocity would think ten times and the citizens in-charge were not likely to show much mercy borne out of nexuses.
What do intellectuals of India say about this procedure of “Inquiry by Citizens”? Well, The intellectuals of India have openly refused to even inform their students about this procedure !! Lest they would demand for this procedure. The intellectuals oppose “Citizens’ Inquiry” as this would reduce elitemen’s hold over policemen, and so policemen would commit less atrocities on commons if and when elitemen need. So the intellectuals, who are all agents of elitemen, opposed this Citizens’ Inquiry procedure. After all, information about choices can create a demand for choices. And instead they have filled poison in the minds of students that Indian citizen is a crook, irrational, nutcase, foolish, casteist, communalist, uncivilized, cruel etc and so must not have any such powers. So even in case a student learns about this procedure, he will most likely reject it due the anti-citizen poison intellectuals have filled in their brains by the intellectuals.
Sadly, due to the intellectuals disinformation and brain-washing, the non-80G-activists did not demand any procedure like Citizens' Inquiry and so police atrocities are rock high in India. And corruption is proportional to atrocities i.e. more the demand for money, more the atrocities policemen commit, and the main reason they have to beat up people is to extort bribes. The West using Citizens' Inquiry procedure zeroed atrocities and so corruption also reduced. (see here.
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As of today, the important-est reason why IPS is corruption-e-king is because we commons dont have procedures to expel District Police Chief. In US, a large number of District Police Chiefs are elected and rest are appointed. Election doesn't make a zilch of difference. But appointed or elected, commons in US have formal or informal procedures by which they can expel District Police Chief if he is corrupt or defunct. So a District Police Chief in US keeps a control over his greed and also forces his sub-ordinates to reduce bribes. Whereas in India, we commons dont have procedure to expel District Police Chiefs. Which is why over 90% of District Police Chiefs take bribes as if there is no tomorrow. And they dont bother their sub-ordinates when they fleece us commons.
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