IS DSP MERE AN ACCUSED OR CONVICTED

IS DSP MERE AN ACCUSED OR CONVICTED

2-JULY-ENG 5

RAJIV NAYAN AGRAWAL

PATNA---------------------------Is DSP Rajesh Sharma merely an accused or has he been convicted? Furthermore, under which section of the law is there a provision prohibiting his posting? To ensure a fair and transparent investigation, Police Headquarters removed Rajesh Sharma from Jagdishpur immediately after the FIR was lodged. The government has ordered a judicial inquiry led by retired Justice Vinod Kumar Sinha; there is no question of him absconding. Patna, July 1 (Tarun Mitra): Empathizing with the victim's family is part of our Indian culture. The outcry surrounding the encounter—or alleged fake encounter—of Bihari youth Bharat Tiwari has become a nationwide issue. The matter has reached the highest levels of the judiciary, from the High Court to the Supreme Court. The Bihar government has constituted a judicial inquiry led by retired Justice Vinod Kumar Sinha to ensure a fair and transparent probe, with a six-month timeframe set for its completion. Three to four FIRs have been registered so far regarding the Bharat Tiwari encounter case. The victim's family has named several police personnel, including the then Station House Officer (SHO) and the then DSP, as accused. Immediately following the FIR, Police Headquarters promptly transferred DSP Rajesh Sharma out of Jagdishpur to facilitate an impartial investigation. On July 1, a large-scale transfer of DSPs took place based on law-and-order and administrative considerations. DSP Rajesh Sharma was among those transferred, moving to the Prohibition Department. Some people are creating a stir on "Social Media University," claiming this is a "reward transfer." It is worth noting that Police Headquarters is monitoring every aspect of the Bharat Tiwari case. A report has been sought from the Bihar Human Rights Commission within four weeks. Retaining DSP Rajesh Sharma—an accused in the Bharat Tiwari case—at Police Headquarters would have certainly raised questions; therefore, transferring him to the Prohibition Department was a prudent move. Criminal cases, including those for serious offenses, are registered against 65% of individuals involved in politics, ranging from Members of Parliament (MPs) to Members of the Legislative Assembly (MLAs). The Indian Constitution and legal framework stipulate that the mere filing of an FIR against an individual does not render them guilty or a criminal; until a competent court convicts them, they are presumed innocent and remain entitled to all constitutional rights and benefits. In this context, neither Bharat Tiwari—who was killed in an encounter (allegedly a staged one)—nor DSP Rajesh Sharma, who was named as an accused in the case, can be deemed guilty.