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Wednesday, February 2, 2011

Jail for the Jailor

“Materialism, opportunism, blatant murder of values,
humanity crushed under their heavy burden
Not something new!
This has been happening in all ages…

The reason why the problem is so acute today,
is that in the rat race of life that we run blindfolded,
these have been accepted as the values of life!

and those, who fail to run along
are termed as fools and eternal losers”


from my diary, February 1988



Our prisons are an important part of our criminal justice system. They have to play the important role of being reform houses and institutions that assist in preventing crime. Unfortunately, in recent years that rather than playing the role ordained for them, sometimes jails become safe havens for hardened criminals and mafia dons.

Criminals manage to enjoy a safe and luxurious stay here. The dons not only manage to serve their jail terms in comfort and protection, but also run their crime and extortion rackets from the confines of the impregnable walls. While conducting their nefarious activities, they do not even have to fear police encounters or attacks from rivals. Quite a few of these dons have even contested elections from the confines of a jail and managed to acquire a hold on political power.

Not all people who face a jail term are hardcore criminals. Sometimes otherwise law-abiding citizens undergo confinement due to spur of the moment incidents like a road accident, a family brawl, a property dispute. These citizens also become a target of organized crime within jails. The hardcore criminals threaten these people of physical assault and their families are forced to cough up large sums of money to ensure their safety. The criminals are protected from the law since being already inside a jail proves that they could not have been involved. This helps them escape punishment in lawsuits. In many cases the jail staff itself looks the other way when these gangs operate, since they themselves are frightened for their lives.

Not trained and battle hardened like the field police, the jail staff more often than not is frightened of the hardcore criminals and meekly surrender before them. In some cases the jail staff is in collusion, getting their share.

One day, as I sat in my office as SSP of a district, a stooping, old man hobbled into my office. He carried a stick and was unable to walk without its support. He was dressed in a tattered dhoti and a soiled kurta, like a small time village shopkeeper and spoke to me about his problems. In spite of his failing health he appeared resolute and firm in what he had to say.

He recounted that he had received a threat from a criminal, serving a jail sentence. This criminal came from his own village and had been sending extortion threats to him through letters at regular intervals. He had been asked to give away a sum of Rupees One Lac or be prepared to die himself or see his grandson dead.

I was surprised that even a person appearing to be of such an obscure social stature could be targeted. Wasn’t a sum of One Lac Rupees too high for him to pay? No, he assured me, he could give up anything and go to any extent, to prevent harm to his grandson. I pinched myself. I had to come out of this mentality that only a celebrity and wealthy businessmen could become a target of extortion. Even a poor old man could be forced to sell his land, his home or his shop to protect himself and his family from the criminal’s threats. One had to cobble together whatever the criminal demanded if the life of a dear one was at stake.

What really bothered me was his contention that the extortion racket was being run from the confines of a jail. How would the money be transferred, and to whom, I was wondering. As I articulated this question, the old man responded that they had asked for the money to be delivered in the jail itself. This was indeed a startling revelation as it completely exposed the ineffectiveness of our prison system. On earlier occasions also, I had come across cases of criminals running extortion rackets from jail, but here the startling fact was that the collection of extortion money would be done within the confines of a jail. It was a matter of shame and astonishment for me.

This helped me make a firm decision that the racket had to be busted forthwith. I knew that if the allegations were proved true, we would have to proceed against all the men in uniform who were involved in aiding the criminals. I decided to stem the rot, whatever the consequences. I spoke to the old man, “Baba, we can trap the criminals but it would involve risk. You will have to be bold if these criminals are to be dealt with. We cannot do it without your help. Are you prepared to help us?”

The old man took some time to decide but agreed to support us. With the firmness of a brave and responsible citizen, he said, “I am with you, sir. I am prepared to do whatever it takes to rid our village of this menace.” I asked him to take another day to think it over. I also advised him to come back to me after establishing contact with the extortionists and fixing the modalities of making the payment.

The old man returned on the day fixed for the operation, almost two hours before the scheduled time, with a packet full of notes. He was resolute and flushed with confidence, walking much straighter. “You look quite young today, Baba!” I quipped. He had informed the extortionist that he would be delivering the money in the jail, personally. He was convinced that he could help us trap the criminal. Sometimes ordinary looking people are also capable of displaying extraordinary bravery.

He responded to my remark saying, “Sahib, you heard me out, took me seriously and gave me the confidence that rather than begging the police for help, I could myself be of help to the society. You laid out a plan to trap these criminals. This means a lot to me. I am ready to face anything to put an end to this menace. I feel my life has acquired a new meaning, even if it is sacrificed in trapping these rascals.” I marvelled at the courage displayed by this frail person, who, until yesterday had appeared completely shattered with fear.

I felt grateful for the courage, this reserve of hidden inner strength that the old man had suddenly discovered like a long lost family treasure, for the greater good of the society. This could be our trump card. We marked the notes to lay a trap. A police party in privates, plainclothesmen, was deputed to accompany the old man under the pretext of looking up another criminal.

Entering a prison demands legal procedure. First of all, one has to take permission for entering the jail. Then the personal details of the person, his time of entry and exit, whom to meet etc. are all noted down in the logbook. The Police party in plainclothes had to go through all the painstaking formalities, while the old man, carrying a packet full of banknotes was not subjected to any of these formalities and was escorted by the jail personnel to the meeting room, for an audience with the extortionist. This was a clear indication that some of the jail staff was in league with the extortionist.

The extortionist accepted the money, declaring that the old man had just purchased a new lease of life for himself and his grandson. He would spare their lives and protect the old man’s family from other criminals as well. He then handed over the packet to a member of the jail staff, for safekeeping, accounting and distribution to the other conniving criminals - in uniform and out of it.

The old man held his nerve and walked out of the meeting room after thanking the criminal. At the same moment, the police team in plain clothes, who were in contact with me over the phone, were instructed by me to get into action. I advised them to immediately disclose their identity, collect evidence of the money having changed hands and begin interrogations. I also asked them to inquire how the old man was allowed to enter the jail without any procedure being followed. Several questions needed answers, there and then - How was it that the money was allowed inside a prison? How was the old man allowed in without even a register entry? How was it that the jail manual procedures were completely ignored?

The police party made detailed investigations. They recorded statements that the extortion money had indeed been paid while the legal procedures as laid down by jail manuals had not been followed, in open collusion with the jail staff. It was clearly established that the jailor himself was to receive a share in the booty and without his approval it would not have been possible to bring a packet full of cash inside the prison.

I had witnessed many occasions on which policemen were punished for their misdeeds. But this was for the first time that I had come across an incident that the staff at the jail, in order to fulfil their petty needs, had permitted this evil business to flourish, which was instrumental in discrediting the entire law enforcing machinery. How could the citizens trust the system under such circumstances?

I had to take a tough call. I had to order arrest of the jailor and the staff involved, under the legal sections of extortion. Probably, this was the first time in the history of prisons that a jail in charge was incarcerated in the jail that he was supposed to have run. The jail staff union threatened to go on a statewide strike. However, once an arrest was made, the law had to take its own course. All evidence was painstakingly collected and a detailed charge sheet was sent to the courts.

The extortion racket was effectively busted. The new jailor was a no-nonsense man and he improved the working of the jail manifold. He ensured that the jail was not allowed to become a safe haven for criminals, and functioned in the manner in which it should have worked in the first place.

The old man had set an example for all citizens to emulate and proved his worth for the society.

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