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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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Integrity of Prosecutions 1

Integrity of Prosecutions 1

Chapter:
(p.133) 16 Integrity of Prosecutions1
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0082

The special judge trying the hawala case, Mr V B Gupta, made a remark that the CBI seems to be applying 'double standards', different accused in the same case. This calls into question the credibility of the central investigative agency. Such a police force is an affront to the Constitution. The steps necessary to ensure the independence of the police have yet to be taken in India despite the reports of the National Police Commission recommending such institutional checks. The CBI, the national police agency, falls within the sway of the prime minister. Despite judicial pronouncements that make it clear that the police agencies are bound to function according to the provisions of the law, the agencies frequently seem to take orders from political masters.

Keywords:   hawala case, central investigative agency, independence of the police, National Police Commission

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