How can a legitimate ‘controlled operation’ like Nagaland stop military operations?

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FFormer Special Director of Intelligence Bureau Rajendra Kumar, in the Ishrat Jahan case, and army officer Lt. Kolo Prakash PurohitThe Malegaon blasts of 2008 are by no means an exception. There are many other officers who have escaped notoriety just by their actions. Haven’t fallen into the trap. On occasions, either his superiors or political leaders have supported him, or his ‘abuses’ have not been noticed or exposed by opponents or competitors or activists or the public. While risk taking is an integral part of policing and security in India, the risks taken are often disproportionate and sometimes outside the purview of the law. Perhaps ‘controlled operations’ – ‘covert operations’ carried out by ‘authorized persons and officials’ under proper authority – could help change that.

Sources contained in organized crime gangs or mafia may provide inside information about the activities of criminals, insurgents, terrorists who would otherwise be evasive. Imagine if embedded sources existed until recently incident In Mon, Nagaland, where an army operation resulted in the death of 13 villagers. The chances of the operation going wrong would have been reduced manifold. The increased accuracy of information would have ensured minimization of damage, if not increased success. Such ’embedded ops’ are technically called ‘controlled operations’. But, at present these are outside the purview of the law.

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double edged sword

Whether detecting or investigating crimes or busting organized crime gangs, extremists or insurgents, there are innumerable instances where access to ‘insider information’ is essential for police and security. Sometimes, also to check security and settlement In important events, decoys need to be deputed. These fraudsters, whether police officers are in civilian uniform or civilians In fact, risk your life.

There are instances where police and security officers have been left in the dark, defending themselves if things go wrong. Then there are instances where police officers or security personnel allow a ‘crime’ to happen, often in the hope of catching bigger fish. If they’re lucky, they’ll catch a bigger fish. But if they are unlucky, the big fish, in addition to avoiding them, also get involved in the crime they allowed to happen.

The strategies and tactics of crime prevention, detection and investigation are highly individualized. There probably won’t be an officer in the police and security sector who hasn’t risked his life or limb or job at the altar of demonstration – trying to go that extra step to get to the root of crimes in general and in particular organized crime.

Many officers engage in practices that limit their active or passive involvement in crimes in order to bust a network or obtain evidence that would otherwise not have been easy to lay hands. There have been occasions where narcotics or weapons or even other means of income or crime have been able to ‘cross over’ – in the hope that these tactics will create a bigger catch. Then there are instances where perpetrators and sources seek information either for a portion of the reward or passively assist security officers in their efforts – competing crime syndicates or participants are valuable sources of information.

Needless to say, most such efforts are without any legal or administrative backing that can stand the test of legal scrutiny. Rarely has there been a recorded case where mutual trust and trust between law enforcement officers is the cornerstone of a healthy criminal justice system.

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poor public image of officials

An undesirable consequence of these practices is that civilians/publics or sources tend to ‘passively assist’ security officials, easily assuming that the latter are ‘participants’ in crimes and often facilitating crimes. In fact, a vast majority of the public subscribe to this view. This notion is not entirely correct, but it is not unfounded either. Although data is not available, it would not be wrong to assume that most such ‘passive participation’ does not result in desirable outcomes for a myriad of reasons. Often the instrument, object or proceeds of crime reach the final destination and law enforcement agencies falter. Without a formal system, accountability is also a casualty.

Intelligence agencies have well-developed and well-defined Standard Operating Procedures (SOPs), but what they do usually do not have a ‘prosecution interface’. They help thwart the threats and plans of organized criminals and terrorists, but generally want to operate under the guise of anonymity, shy away from court proceedings and unwilling to disclose their methods and tactics . These leave gaps in the system where investigators have to resort to other tactics to bring on board evidence that they otherwise would not have access. Naturally, the work of the prosecution is affected and a wise lawyer will be able to sow doubts, pierce the prosecution narrative and secure an acquittal or a lesser punishment.

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Controlling ‘Controlled Ops’

The concept of ‘controlled operations’ is the legal and administrative underpinning to help enhance our ‘operational capabilities’ in dealing with organized crime and even serious crimes and criminals. Barring ‘trap cases’ under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, and the Prevention of Corruption Act, 1988, perhaps no other Indian law enables controlled operations. The authority performing these ‘secret functions’ may act under judicial or executive authority or a mixture of both – generally, an executive authority will enable a covert activity as a temporary and immediate remedy unless judicial approval Do not get

Covert operations may involve the involvement of law enforcement officers alone or may also involve ‘civilian participants or sources’ who act in conjunction with or under the guidance or supervision of law enforcement officers. Controlled operations are usually carried out with the aim of obtaining or securing additional information or evidence that may lead to prosecution of an individual or organized crime group and also to help prevent unsuccessful operations. The offenses for which ‘controlled operations’ can be deftly deployed can be varied and varied and a variety of criteria may be prescribed. These functions can also be facilitated for ‘foreign requests for investigation’.

Thus, police officers or their ‘insiders’ can be officially deployed to help facilitate crime in a controlled manner so that larger networks can be traced without exposing the officers as criminals. The ‘controlled distribution’ or the means or proceeds of the crime is a small component of the whole gamut of controlled operations. Law enforcers need to be legally empowered to ‘control’ the tempo, tempo, timing, location and amount of a criminal act so that they can intervene when appropriate.

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need a strong law

A comprehensive legislation covering the definition, nature, scope and mode of operation of controlled operations along with mechanisms and institutions to maintain supervision and checks and balances is an absolute necessity in India. It can be a vital link between intelligence operations and intelligence-led operations on the one hand, and the end of investigations and prosecutions on the other. An efficient law would not only strengthen the law enforcement agencies, but would also make such behavior or conduct free from crime which would otherwise easily qualify as an offence.

In a positive direction, such a law would help in improving the public image of the police and law enforcement agencies in the country and also help in eliminating organized crime networks like drugs, arms smuggling, insurgency/terrorism, human trafficking, corruption, banking frauds Will do Property tracking, and even legalized money laundering or extremist networks. The evidence and methods that have escaped us so far will be strikingly within reach.

With such a law, the proverbial black and brown acts will become ‘white’ and public order and the rule of law will be strengthened.

The writer is Director General of Police, Nagaland. He tweeted @rupin1992. Thoughts are personal.

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