Appealing to the public to approach the Anti Corruption Branch without any hesitation, Superintendent of Police Bosco George, in an interview with Amresh Parab, says that people should take a cue from those who dare to record incidents of bribery involving government officials
Q: Is the case of Makbul Jawli, who recorded a video of an officer from the electricity department while he was allegedly accepting bribe money towards providing electricity connection, the first such case wherein a complainant has recorded video in a bribery case?
Technically speaking, this is not the first case. However, this could have been the first such case wherein ACB was to take suo motu cognizance after the video went viral. We would have conducted a preliminary inquiry and subsequently register an offence. But finally, the person approached us and filed a complaint.
Q: What if the complainant only has audio recordings of a government official demanding or accepting bribe?
It is also accepted, but we will have to undertake a deeper investigation to ascertain the facts. In case of a video recording, the evidence is clear. Also, there is voice in the recording. However, a lot of spadework is required to be done. We need to take precautions to see to it that the video or audio clips are genuine and accordingly register an FIR. The investigation does not end there. A lot of investigation has to be done post registering of the FIR.
Q: Will you advise public to record videos of government officials demanding or accepting bribe?
My sincere appeal to the public is to go ahead. It is only in this manner that the police and public will be able to fight corruption together. Instead of making much noise, people, NGOs and activists should instead take a lesson from the aam aadmi (referring to the video recorded in the bribery case). The complainant felt frustrated and captured the incident on his mobile phone. He had also given the video to a journalist but finally he somehow managed to upload it on the social media. Rather than making allegations, you (public) have to be a partner in rooting out corruption.
Q: In such a scenario, is the evidence such as a video or audio recording legally valid?
Yes, definitely. We need to prove to the court that the video or audio is not tampered with and it is bona fide and also that the culprit is genuinely a bribe receiver. This adds to the evidence in the case.
Q: What if they circulate or upload the video through social media?
I would say that rather than uploading it on social media or making it public, it is advisable to approach the ACB with the video for further necessary action. Without any hesitation, people should approach the ACB at Altinho, Panaji.
Q: In trap cases (related to bribery) which are carried out by the ACB, the bribe giver has immunity but what about this case?
If a person doesn’t approach the ACB (pertaining to a bribery case wherein a trap has to be laid to nab the accused red-handed), the giver as well as the taker, both become accused. However, in this case, the complainant was against giving the bribe and recorded it on his mobile phone. He wanted to make it public. He did it in good faith and seems to be not aware of the fact that he could have registered a complaint with the ACB. When he came to know, he came forward and a complaint was lodged.
Q: How would you differentiate the trap cases carried out by the ACB and the ones involving private individuals, who recorded the incidents on mobile phone?
In both the cases, the accused is caught red-handed. An individual captures the bribe taker red-handed on camera, while the ACB does it in a methodological way. It takes a lot of time and there are various procedures that we need to follow while trapping corrupt officials.