the blow report of utter injustice proves why they youth disguises these individuals:
How Cops can "fix" you in India:
Super’ SHO spins a web of charges to frame innocent BPO executive. THE INSTANCES of police haughtiness may still be an inescapable part of life in the boondocks, but such an incident bang in the middle of the nation’s Capital belittles people’s faith both in law and the lawenforcers.
In the latest such incident, the Mayapuri police recently slapped cooked-up charges on BPO executive Rajat (name changed) and threw him behind bars for a crime he didn’t commit. The high point of the injustice: Rajat was accused of disturbing public peace at the very moment he was sitting inside the Mayapuri police station in front of SHO Rajender Singh Pathania and his staff to defend himself.
After the matter went to court and the police’s vigilance inquiry nailed the tainted cops, the ‘super’ SHO was removed from his post along with two colleagues for allegedly forging papers to illegally detain the west Delhi resident. Pathania was shifted to south district and given an ‘ inconsequential’ posting pending a departmental inquiry, which was scheduled to begin on Thursday.
The victim’s father, Deepak Verma, said no one turned up for the departmental inquiry on Thursday. “I reached the DCP (south) office at exactly 11 am but neither the additional DCP nor the Mayapuri SHO and the other policemen were present. I have been asked to come again on November 21. I hope this is not a delaying tactic,” he added. Incidentally, Pathania is a ‘super’ SHO who has worked at many high- profile police stations, including Karol Bagh (considered the most lucrative).
In Delhi Police parlance, a ‘super’ SHO is one who continues to head a ‘sensitive’ police station beyond the six year tenure. Pathania had even been served a contempt notice for allegedly daring a lower court judge by yelling at him that he was “not touched” despite even the high court initiating action against him.
The current case against Pathania took place on September 27, 2009, when Rajat and his cousin — on their way to the local market in Mayapuri — noticed that a bhandara (a religious function where free meals are distributed) had resulted in a traffic snarl. When Rajat enquired from the organisers if they had the requisite permissions, a scuffle ensued between the parties.
Deepak said: “The organisers called up the PCR but reached a private hospital instead of waiting for the police. We got to know on September 29 about the police case. It was a case of causing simple hurt (which is a non- cognisable offence) but they soon added Section 341 (wrongful restraint) to the FIR to make it a much more serious offence. The fraudulent addition has since been deleted by the court and noted by the vigilance department in its report.
“When my son was arrested on October 3, we went to the police station to bail him out but the police refused to let him out. Shockingly, the police said my son had again disrupted the peace in the area when he was caught fighting on October 3 too. How is that possible when he was at the police station throughout the day?” the anxious father asked.
While the SHO and his subordinates have been taken to task for implicating and wrongly arresting the complainant under CrPC Sections 107/ 151, west district’s former DCP Sharad Agarwal — at whose instance the first case was registered — has been let off by the police brass. “My son lost his job after the police jailed him in the false case. Besides, there was no police or MCD permission for the bhandara ,” Deepak said.
Andaman DIG Sharad Agarwal, who was then the DCP (west), said he did not remember the case. “I don’t remember the case or the complainant. A lot of complainants come to meet a district DCP. I do not know either the complainant or the other party involved in the case,” he said. Pathania and his staff also lied in the court that Rajat was disrupting public peace. The cops prepared a false arrest memo six days after the incident.
VIGILANCE NAILS SHO’S LIE
Probing Deepak’s complaint, the vigilance department found several discrepancies in the police report. In the doctored arrest memo of October 3, Deepak’s signature at the police station confirmed that Rajat was rearrested at 7.30 pm. “… The complainant marked the time as 7.30 pm while the medical examination at the DDU Hospital was conducted at 7.40 pm… which is not possible in this short duration,” the vigilance report, signed by Jt CP (Vigilance) N. Dilip Kumar, states.
It also negates the memo regarding the October 3 “street fight” and the presence of “eyewitnesses”, besides stating that there was no PCR call as claimed by the police. It also nails the police lie by stating that the daily diary (DD) entry for October 3 showed that Rajat was arrested at 8.50 pm while the medical examination took place at 7.40 pm.
ALLEGATIONS against DCP Sharad Agarwal: He recommended to the SHO that a case be registered against Rajat and his cousin for the Sept 27 scuffle. Stringent provisions of law were wrongly added to the non-cognisable case. This addition has been deleted by the court and noted by the vigilance department, but still no action has been taken against Agarwal.
ALLEGATIONS against SHO Rajender Singh Pathania and others: When Rajat was arrested on October 3 for the September 27 incident, Pathania and his men denied him bail. Instead, they cooked up a story about him being involved in another brawl on October 3, at the time when he was inside the police station, so he could be arrested on the charge of disrupting peace. Police prepared false papers, reports and witnesses to frame him. A departmental inquiry has been ordered against the SHO and his subordinate staff.