There is complete lack of credibility of what the
jailed police officer D. G. Vanzara says in his letter. An IPS officer of DG
rank Vanzara says that he acted on the orders of the chief minister of Gujarat
and Minister of State for Home Affairs. The law is clear in its terms. No
individual, whosoever he or she may be and irrespective of position or post
held by him or her can take shelter under the pretext or fact that he or she
acted or executed the order of his superior if the act and execution is bad in
law.
For instance, X is an officer and his superior may be a
minister, or chief minister or even the Prime Minister orders him to kill ‘A’
and if he kills the target he is guilty of murder and is liable to be
prosecuted under Section 302 of the Indian Penal Code. Any government officer
can’t take the alibi that he committed a crime by executing the order of the
government. If the order is illegal he should refuse to follow or execute it.
This is what the rule book says.
Vanzara’s grievance is that the chief minister did not
protect him from the law. How can a chief minister protect a person facing
criminal charges? The only person who can defend Vanzara is his defence
counsel.Vanzara in his letter says, “… I simply acted and performed duties in
compliance of the conscious policy of the government”. The government never
adopted a policy to eliminate people in false encounter.
Vanzara must have been a self seeker and careerist who
saw an opportunity in going overboard to please his political masters. He did
something that he was never asked to do. If any officer says that he treats his
political boss like a God, he is a dangerous person. Such individuals would not
hesitate to harm and even kill his boss if the later goes against him.
The language of the letter speaks of the deep rooted
frustration of Vanzara. It also betrays some degree of mental instability.
The whole thing appears to be engineered to target once
again Narendra Modi who is emerging as a big challenge to the Congress Party
and its leaders. The Congress leaders are excited over Vanzara’s letter knowing
little that such letter has no meaning. The Supreme Court of India has
supervised the investigations into the Gujrat riots, the apex court has also
handled petitions against Narendra Modi who has been given clean chit by the
investigating agency.
Congress leaders are said to be busy trying to explore
possibilities if Vanzara can be made approver in the case and if a fresh
inquiry can be set up to probe the charges. Such dirty tricks don’t pay.
~R. K. Sinha
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