The RRR saga… and Suppression of information on suspected Cognizable offence

[PS: This post is slightly off-topic. It is posted as a reflection of a responsible citizen from Karnataka unhappy with the developments.  Ignore if you donot consider it relevant for you]

In the Rohini-Roopa-Ravi discussion that is  raging in Karnataka, there is an allegation by a responsible  Police officer, D Roopa who is also well known as a crusader against corruption which appears to be deliberately not being attended to promptly by the Government.

The allegation is against another official namely Rohini and covers possible

a) Corruption in possessing assets beyond known sources of income

b) Sending of obscene information in electronic form to senior IAS officers

c) Enticing officials for soliciting favours for personal family benefit in real estate business

It is not clear whether these charges will stand the test of investigation. We are in no position to state except that these are the allegations to be investigated and proven.

But  there is a prima facie reason based on circumstantial evidence to believe that the allegations could be true.

It is also clear that though the Government had the CBI report on D K Ravi suicide which was reasonably incriminating and also complaint from Mrs D Roopa on hand, the Government of Karnataka chose to remain silent. This  indicated that it had no intention of conducting any investigation and would prefer the controversy to die down on its own.

On the other hand, the Government went on to transfer the two officials and also issue instructions to gag them not to carry on any further discussions on the issue in the social media.

It also appears that Mrs Rohini has now approached the Court to ensure that no discussions shall be published in the media.

Given the fact that there is  prima facie evidence, it is not clear how the Government can suppress some body with knowledge of a cognizable offence not to push for justice and if the Government does not respond to the complaint in time, how the person can be restricted not to seek other measures to ensure that the matter is taken to investigation.

Hypothetically, if the allegation made is true, then there is a serious conspiratorial modus operandi of the accused subjecting officials into a honey trap only to derive financial benefit. This is too big an allegation to be hidden under the carpet. If the allegation is not proven, it is open to the accused to take necessary counter action.

It is immaterial that there could be service rule violations when public interest  over rides the service rule restrictions.

If the allegation is to be brushed under the carpet, it would mean that there are political vested interests who want to support the accused.

We have always been suggesting that there is a duty on a citizen who observes a cognizable offence to bring it to the knowledge of the law enforcement even if the complainant/observer may not have complete evidence of the same. It is the duty of the Police to find the evidence and not that of the complainant. If the complaint is irresponsible, it is open to the accused to take counter action against defamation.

The developments so far has put the Government in a bad light showing some hidden hand that is trying to suppress further investigation for whatever reason they think fit.

I wish the Court also does not set a bad precedent by gagging the media from bringing out the truth behind the suicide of D K Ravi, the truth behind the “Deleted pictures”, the truth behind the “posh house under construction” etc.

Let us get the truth out whoever is correct. This is the spirit with which Naavi.org has been working in the Cyber Crime area and there is no reason why we should not hold our principles in the current RRR case.

Apart from the question ” Is there a duty to a citizen to report an observed cyber crime” for which an answer can come in the incident,  there is also a small link to the privacy issue whether confidential information from personal messages can be used either for self defence or in public interest for producing evidence of suspected crime.

Naavi

About Vijayashankar Na

Naavi is a veteran Cyber Law specialist in India and is presently working from Bangalore as an Information Assurance Consultant. Pioneered concepts such as ITA 2008 compliance, Naavi is also the founder of Cyber Law College, a virtual Cyber Law Education institution. He now has been focusing on the projects such as Secure Digital India and Cyber Insurance
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