Delhi Police indicted for Framing innocents

4 policemen in the dock for denying justice

Relief For Fruit-Seller, 50-Yr-Old

Smriti Singh | TNN

New Delhi: The lackadaisical attitude of the Delhi Police has cost them dear. In separate cases, a total of 14 police officials have found themselves at the receiving end of the law. Two people — from different walks of life — looked for ways to get justice even as the cops refused to help them.
In one case, a fruit-seller moved the L-G office after the police failed to register an FIR as per his complaint and even threatened him to withdraw the complaint. The poor man’s efforts reaped results after a recent letter from the L-G allowed him to go ahead with criminal proceedings against two police personnel for not acting on his complaint.
The permission comes in the wake of inaction of the SHO, Shakarpur police station in east Delhi and a sub-inspector who, overlooking the complaint of Sohan Lal Gupta, did not register the FIR as per complaint. According to Lal, on February 22, 2009, his son, Rupak, was attacked by his neighbours after he demanded Rs 50 from them on the purchase of fruits. When Lal intervened, his neighbour, Monu Tyagi, along with other family members, began beating him and his family.
The police reached the spot and recorded the victims’ statement but did not register an FIR saying an inquiry was on. Lal was even threatened that if the inquiry report was against him, an FIR would be registered against his family. Following this, Rupak met the deputy commissioner of police (east) who heard his grievance and directed the assistant commissioner to take appropriate action in the matter.
After the direction of the ACP, the SHO registered an FIR under sections 323, 341 and 506 of the IPC. ‘‘But even after the registration of FIR, cops did not arrest the accused,’’ Lal alleged. Lal has also moved the Karkardooma courts seeking registration of FIR against the two police officers under various sections of IPC, Delhi Police Act and Prevention of Corruption Act, 1988.
In another case, a trial court has ordered for the registration of FIR against 12 police officials, including two ASIs, after they allegedly connived with a woman to illegally occupy the house of her mother-in-law. Fifty-year-old Sheila Devi had
no clue that her daughter-inlaw would try to take her property after the death of the latter’s husband. While Devi was away, her daughter-in-law, along with 12 police officials and family members, broke into her house on May 2, 2008. Devi went to get a complaint registered at Narela police station but the cops refused to help her.
Devi, who had CCTV footage of people breaking into her house, moved the court seeking action against the accused. Metropolitan magistrate Sudhanshu Kaushik finally ordered the SHO of Narela police station to register an FIR against the 12 erring cops, along with Devi’s daughter-in-law. The court has also asked the area ACP to personally look into the probe in order to avoid further complications.

Framed by cops, mason to get apology, Rs 6 lakh

Abhinav Garg | TNN

New Delhi: After 19 years of battling false cases and spending more than six years in jail, there’s justice at last for a poor mason and his family. The Delhi high court on Thursday asked police commissioner Y S Dadwal to apologize to the victim on behalf of his force which had foisted 18 false cases on him, and ordered compensation of Rs 6 lakh to be paid to the man.
Justice S Muralidhar also castigated DCPs H M Meena and Mangesh Kashyap for ‘‘using impermissible language’’ while addressing the court in one of the cases. They were asked to mend their ways.
‘‘The court directs the commissioner of police to send within a period of two weeks a written apology to the victim, Prempal, and each of his family members, on behalf of the Delhi Police for the suffering they have had to undergo,’’ Justice Muralidhar ruled. “If confidence has to be restored among the citizenry that the police are meant to protect their rights, then such expression of contrition by those at the helm is imperative.’’
Prempal’s is a shocking story of the police abusing their powers. The mason apparently became a marked man because he chose to complain against harassment by some Sangam Vihar cops, who framed him for the first time. HC has now asked the police commissioner to review all criminal cases pending against Prempal.
19 Yrs of Trauma
Time spent in illegal detention by Prempal: 6 years, 5 months & 9 days
Total cases: 18, including a rape charge. Acquitted in 13, lost 5 since he couldn’t afford a lawyer
Came to HC seeking compensation after being acquitted in a child rape case Acquittals in 13 of 18 cases Cops Also Lodged Child Rape Case Against Mason
New Delhi: Prempal, who was allegedly framed for making complaints against Sangam Vihar police, has been acquitted after full trial in 13 of the 18 cases. He had approached the HC seeking compensation, alleging that the investigating agency had falsely registered 18 criminal cases, including a rape case, against him between 1991 and 2007.
The victim was even charged with raping a child and packed off to jail for the non-bailable offence. The court was perturbed to note that despite a lower court ruling against the police in the rape case, two DCPs — H M Meena and Mangesh Kashyap — chose to attack the additional sessions judge, claiming he was ‘‘swayed by the defence created by a known criminal which is illegal’’. Even though the DCPs slammed the judge for his verdict, they chose not to challenge it in HC.
Taking into account the fee given to lawyers for defending himself in the child rape case, loss of income after
b e i n g thrown in jail for 29 months, conveyance to and fro from court to his house, loss of reputation, mental agony and physical harassment, HC computed the compensation to be Rs 5,32,750 with interest. In addition the police have to pay Rs 30,000 towards cost of Prempal’s petition.
‘‘The Delhi Police has slapped Prempal with false charges for an offence in relation to which it would have been next to impossible for him to obtain bail and even more difficult to avoid trial. Since they were able to demonstrate his ‘criminal background’ nothwithstanding the number of acquittals… he is obviously a man broken in spirit and health. The police by their actions have caused irreparable damage to his reputation,’’ the court noted in its verdict. Incidentally, this will be the second time police commissioner YS Dadhwal will have to apologize on court orders to victims of police high-handedness. Last year, Justice Muralidhar had asked the police chief to say sorry to a couple harassed by the local cops for kissing near a Metro station.

Mumbai:Consumer Dispute Redressal Commission & Missing Files

White ants eat up consumer plaints

Swati Deshpande | TNN

Mumbai: The Maharashtra State Consumer Dispute Redressal Commission in Mumbai alone has about 8,000 cases pending—some dating back to mid-1990s. Across the state, the figure crosses 17,000. That means at least these many consumers are awaiting justice from poor service or defective products or plain high handedness usually by builders and developers. As if that was not enough, missing files became a recent scourge at the commission in Mumbai when sources said white ants had eaten away over thousands of papers.
When Justice S B Mhase took over last October after he retired from the HC as the president, he launched several enquiries and started talking tough with the staff.

In a recent order in a case of 2007 coming in appeal from the Thane consumer commission, Justice Mhase said, “This is a very shameful affair so far as the office of the registrar is concerned,’’ and directed the registrar to trace a missing file. He noted that the office of the registrar was not even following previous directions of tracing the file which was missing since December 2009.

“What is painful is that the office is not following directions in spite of being at the commission for the last 12 years,’’ said the president and directed the registrar at the commission to look for the file again and “fix liability’’. The repeated orders from him to trace missing files of appeals seems to finally have had an effect, said some at the Commission. “Fewer files are now reported as missing when the appeals come up for hearing,’’ said a lawyer on Friday.

The new President is insisting that original paperbooks of appeals or direct applications are first traced, unlike the earlier practice of allowing parties to “reconstruct’’ the documents and file them afresh. Sources said in most of the “missing’’ cases, the matter involves a developer against whom a district forum has passed unfavourable orders.

Advocate Sumedha Rao had just such a case. Last week, when her matter, involving Hill View Cooperative Housing Society versus Bhushan Enterprises, was called out, the case papers, which were missing since last month were suddenly found.

The builder has last April been directed by a district forum to pay the Borivli society Rs 16 lakh as compensaton and dues and also directed the builder to do the conveyance which was pending since 1992. The builder opposed saying the original complaint was time-barred and wrong. She moved in appeal last May but did not inform the society. It was only last December that the builder brought the matter for hearing after a warrant was issued against her by another court. In February the files went missing.

Sources said in many cases, files were ‘miraculously’ found when the court day ended. The problems faced by the commission are many. There are two judicial members, other members and two court rooms, one of which—at 50 sq ft—is smaller than a squatter’s room and a staff of 40 from the State Civil Supplies department.

Andher Nagari, UP : Lawless UP MLAs’ thrash-and-burn ways

Lawless UP MLAs’ thrash-and-burn ways

Pervez Iqbal Siddiqui | TNN

Lucknow: If evidence were needed of Uttar Pradesh’s lawless lawmakers, there were three available on a single day. Congress-supported MLA from Varanasi Ajay Rai and his goons thrashed a businessman and burnt him alive in public on Friday evening. He is critical. The MLA wanted the trader to vacate his shop despite his having obtained a stay order from the high court.

Barely a couple of hours before this shocker, Jhansi district police lodged an FIR against SP MLA Deep Narain Singh and his aides for allegedly torturing a local businessman for demanding Rs 10 lakh that the MLA owed him. The police were yet to make any arrest.

A little before these two lawless MLAs, another SP lawmaker from Maharajganj Sadar, Sripat Azad, landed in the police dragnet for torching a man alive. In the last one month, FIRs have been lodged against three more MLAs for operating gangs of auto thieves and kidnappers.

The Varanasi incident took place around 6 pm on Friday in Chetganj area of Varanasi. The shop in question is on a 2.5-acre prime land apart from other old buildings most of which have been vacated by their occupants at the instance of Ajay Rai. Bhanu Pratap, the shopkeeper, and some others in the same market got relief from the HC which ordered a stay.

When they refused to vacate, a dozen armed men arrived at Bhanu’s shop. ‘‘They included the local corporators Vijay Misra and Sanjay Singh apart from other known faces who are identified gangmen of the MLA,’’ Bhanu said.