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Such a heart-wrenching incident that happened about eight years ago on the streets of Lucknow, the capital of Uttar Pradesh, had shaken the conscience of the entire country, which had put a big question mark on the relationship between khakis and common citizens. After a long legal and judicial process, the court has finally given its much awaited and historic verdict in the murder case of Vivek Tiwari, who worked as an area sales manager of Apple Company. The court has convicted the main accused and then police constable Prashant Chaudhary of murder under the Indian Penal Code in this high-profile murder case. Since the arrival of this decision, not only has the victim’s family got hope of justice after a long battle, but it has also sent a message to the lovers of law and justice across the country that even though the arm of the law is long, it stops short of reaching the criminals. During the hearing of this much discussed case, the court thoroughly analyzed the arguments of both the parties, forensic evidence, statements of eyewitnesses and every detail of the incident, after which it became clear that those who misuse the uniform will not be spared.
This sensational incident took place on the intervening night of 28-29 September 2018 in Gomti Nagar Extension, a posh area of Lucknow, when Vivek Tiwari was returning home by car with his colleague. Constable Prashant Choudhary and his companion, deployed on police patrol, had allegedly signaled the car to stop as it was in a suspicious condition, but when the car moved forward, constable Prashant Choudhary fired directly at the windshield with his service revolver. The bullet hit Vivek Tiwari directly near his jaw, causing his car to go out of control and hit a pillar. By the time he was taken to the hospital in this seriously injured state, it was too late and the doctors declared him dead. As soon as this incident came to light, there was huge outrage against the functioning of the police in the entire country including Uttar Pradesh, because no one had even imagined that an innocent corporate employee would be murdered in this manner. After this stigma on the police department, the administration had to take immediate action and both the accused were arrested and sent to jail, after which this case was pending in the court.
The process of justice in any criminal case is often long and arduous, and the same was seen in the Vivek Tiwari murder case. Since the incident, the victim’s family, especially his wife Kalpana Tiwari, has fought a long and courageous battle for justice on every front. During the hearing of this case, there were several rounds of cross-examination between the defense team and the prosecution, in which an attempt was made to establish whether it was an act of self-defense or a reckless and criminal act done while under the influence of uniform. The reports of ballistic experts, maps of the incident site and testimony of an eyewitness colleague presented in the court proved that firing directly in the name of stopping the vehicle was outside the scope of law and comes under the category of excessive force. The judiciary, after weighing all the evidence and arguments, ensured that a fair verdict was delivered without coming under any kind of pressure. After the conviction of constable Prashant Chaudhary, now all eyes are on the announcement of the punishment, which will decide how harsh the punishment he gets under the law for this crime.
This case of Vivek Tiwari murder case was not limited to the murder of just one person, but it was a symbol of the extent to which the law enforcement personnel of the state can use their powers. In a democratic country like India, the job of the police is to protect the citizens, not to kill someone walking on the road without any concrete threat. This decision of the court declaring him guilty in this case is a huge warning and a strong message to the police forces across the country that every illegal act committed under the guise of uniform will be held accountable. Whenever a policeman takes the law into his own hands, he puts the credibility of the entire system at stake. After this decision, the intelligentsia and human rights activists have heaved a sigh of relief and called it a major victory of the judicial system. Although no court can bring back the immense pain suffered by Vivek Tiwari’s family and the shadow of a father raised from the heads of their children, this decision has definitely succeeded in wiping their tears and making them believe that the rule of law is supreme in the country.
Finally, after a long wait of almost eight years, the Lucknow court’s conviction of constable Prashant Chaudhary in the Vivek Tiwari murder case proves that the path of truth and justice may be difficult, but its victory is certain. This decision will set a legal precedent for many such cases in the times to come where the protectors of the uniform become the predators. That long penance and struggle of the victim’s family now seems to be bearing fruit, and the judiciary of the country has once again shown that every citizen is equal in the eyes of the law, whether he is a common man or a soldier wearing khaki uniform. After this historic decision, it is expected that more stringent reforms will be made in police training and discipline to prevent recurrence of such tragic incidents in future.