Control of police executive powers.

Abstract

The scope of this thesis is to explore the dilemmas expounded in the above questions and attempt plausible solutions. This study is about justice for the suspected or accused by striking a just balance with the powers of the Executive Police. In the eyes of a child, the fictitious superman materialises in the uniformed policeman - he is the hero who comes to our rescue and saves the day. Some of us drag our childhood preconception of the police to our adult years and live with the conviction that the police are infallible. We fail to see the importance of controlling police powers, as this seems proportionate to increasing crime rate. We claim to believe in the fundamental rights of the suspect, yet we would rather tilt the scales in favour of the police, by increasing their powers rather than opting for the greater protection of the rights of the suspect. We tend to conveniently push the notion of presumption of innocence aside and consider every suspect to be a potential convict. It is only when we come in conflict with the law ourselves, ranging from a minor traffic contravention to more serious crimes that we realise that the infallibility of the police is far from the realm of truth. Suddenly, we become aware of the battery of powers the police have and are quick to allege abuse of this power and corruption. Overnight, our childhood hero turns villain. This attitude reflects a narrow-minded society. We fail to perceive that not every suspect is, in fact, a criminal; that the collection of evidence is in fact based on trial and error and that the presumption of innocence is not simply a throwaway line, but that it is a fundamental principle.