Bail Fixing Litigation – A Nexus Between Police and Lawyers Exposed

Bail Fixing Litigation
Bail Fixing Litigation

In what comes as a major revelation against police and lawyers, a Mapusa-based lawyer himself, has come out against the flaws in the existing system, making strong claims of certain practices that are being followed at police stations across the state. 

In a complaint-memo, lawyer Vinayak Porob has explained about existing police-lawyer links, and how certain ‘friendly’ police officers are successful at fixing bail litigations. 

The lawyer has shot his letter to top authorities in the state, including the Governor, the Chief Secretary and the Director-General of Goa Police. 

In his complaint, he has explained shockingly how certain advocates, carefully chosen by the investigating officers (IO’s) at the respective police station for whatever case, force the accused people in police custody to avail the services of that particular advocate itself for their legal process and bail applications. 

The lawyer has even stated, that out of fear, the accused and the family are forced to engage in these lawyers that the police or the IO’s are suggesting. If an accused happens to choose any other advocate, Porob has stated that the police create a situation which then results in certain legal hindrances for the accused.

“Part of the fees charged is paid as commission to the IO’s,” the lawyer stated in his complaint letter. 

It is learnt, that in cases that prolong for a longer period of time, the services of an advocate are considered very important, and as such if the accused persons do not avail the services of the lawyer that the investigating police officer is suggesting, the detained people have to face the brunt. 

In cases that involve many accused, the ones that pick the advocate of the police officer’s choice, enjoy benefits like that of judicial custody, while those who go against the IO’s choice, police custody is sought for such persons, the lawyer stated. 

This brings out gross misconduct of both, lawyers and police officers, and with practices like these rooted deep in the system, it is only time and serious meticulous planning that can eradicate such practices.

The lawyer, in his complaint, has further added that several IO’s even resort to frequent harassment of the accused if they indulge in independent lawyers of their choice. They do so, by calling the persons unnecessarily for questioning under the claim of ‘investigation’ as per their bail circumstances. 

The lawyer has also claimed that much of the bias among such IO’s is also seen in the manner in which they conduct their investigation and is also reflected in the charge-sheets prepared. 

“After completion of the investigation, he presents a week charge-sheet against the accused whose advocate is of his/her choice and a strong case is made out against the others,” Porob added in his letter.

This syndication that is being operated only extorts money from the helpless detained people, who, many times are at the mercy of the police to seek legal guidance for their respective cases. 

The police IO’s present before them such a situation, it only makes it compelling for one to take the services offered considering the severe police brunt one faces if they chose otherwise. 

The lawyer has sought a high-level inquiry into this racket, and advocates, police officers, and others involved must be subjected to severe punishment. This practice, according to several criminal advocates, is much common in the field. 

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