With Detention Orders Like These, The State In Kashmir Is Itself Breaking The Law thewire.in

I recently attended an interactive session with some officers of a tribunal with a view to understanding the problem of expeditious implementation of the law of compensation. When some issues arose for discussion, I asked, in all simplicity, what the confusion was when the Supreme Court had already settled the law and all that was required of them was to follow it.

When they appeared unmoved, it struck me that law – in their perception – was a matter to be argued and followed by others while they remained untouched by it. They gave the impression that they were outside the purview of law – as opposed to being above it – and that they would continue to stall the benefits of a precedent.

This, in sum total, is the typical attitude of our law enforcing agencies and is the main reason for the erosion of public faith in virtually all institutions.

That is why I believe that one of the biggest sources of lawlessness is the law enforcers themselves. I know this sounds naïve and simplistic but this is my opinion based on experience.

Consider, as an example, the kind of orders being passed under Section 107/117 of the Code of Criminal Procedure (CrPC) in Jammu and Kashmir since the reading down of Article 370 of the constitution on August 5.