JAMMU & KASHMIR
Kathua, March 27: On 25/03/2016 a criminal complaint under various sections 220/290/323/330/336/341/342/352/357 /506/34 RPC has been filed by the Complainant Hurmat Singh Constable CRPF through his counsel Advocate Ajat On 25/03/2016 a criminal complaint under various sections 220/290/323/330/336/341/342/352/357 /506/34 RPC has been filed by the Complainant Hurmat Singh Constable CRPF through his counsel Advocate Ajat Shatru Sharma before in the Court of Chief Judicial Magistrate Kathua Sh. Deepak Sethi against the In-charge SHO Kathua Mohd. Idrees, Dy.S.P & Other persons. Ld. CJM Kathua after examining the Complainant, his written compliant supported by affidavit and after hearing the arguments of his counsel Adv. Ajat Shatru Sharma, the Ld. CJM Kathua ordered a enquiry to be conducted by Additonal Supdt. of Police Kathua Khalil Ahmed Poswal on or before 28-03-2016. It worth mention to say that as per the allegations in the complaint, on day of occurrence, on dated 22-03-2016 at about 1:00 PM the complainant alongwith his wife visited the District Hospital Kathua. The Complainant dropped his wife there and told her that he will take her back after some time as he wanted CA form the office of Cr.P.F camp of 161 Batallion, Kathua. The Complainant then went to the office of the Cr.P.F camp of 121 Batallion and took the CA form there. Then he went to the SBI ATM near District Court Complex Kathua for withdrawing cash. He temporarily halted his motor cycle no.PB35 M 5490 near the SBI ATM and went inside for withdrawing cash. After taking cash from ATM he went to the nearby Photostat shop to photocopy his some documents and then the complainant rushed towards his motorcycle and put the key in the start switch of the motor cycle and started riding for picking back his wife from District Hospital Kathua. As soon as the complainant started his motor cycle, the accused no. 1 alongwith his Three PSOs & one Driver stopped the Complainant to move further and asked him to show the original documents of the said motor cycle. Then the complainant again switch off his motor cycle key and took his documents(Original Driving License, Original
Registration Certificate etc.) and hand over the said documents to the accused No.1. The Complainant also told him his identity that he is a constable of Cr.P.F presently posted a Katra. After examining the documents of the motor cycle the accused no.1 asked the complainant that why he halted his motorcycle there ? The Complainant told him that many people have already parked their respective vehicle here so he also halted his motorcycle just for few minutes as he has to withdraw the money form SBI ATM. So he is going back from this place. On hearing this reply from the complainant the accused no.1 become furious and said that he will teach a lesson to the Cr.P.F personnel’s like you(complainant). The accused no.1 trying to snatch the key of motorcycle from the hand of the complainant which the complainant resisted and asked for the reason of his snatching the key of motor cycle from the accused No.1. The accused No.1 instead of replying to the complainant angrily said that “Tu bahut beheas karta hai tujhe abhi maza chakahata hun”. The accused no.1 immediately ordered his all PSO’s to arrest the complainant. The Complainant asked them that why they are arresting him ? On hearing this, the accused no.1 slapped the complainant and also used filthy language in the full public gaze. His three PSO’s started beating the Complaint with fists and blows and forcibly put the complainant in his Police Van and take the complainant to the Police Station Kathua. On reaching in the premises of Police Station the One PSO namely Gian alongwith other two unidentified PSO’s and the one driver Neelam again beat the complainant with fists & blows and used filthy language (severe abusive language) against him. While beating the complainant these two persons shouted that ‘Cr. P.F ka ek mamuli constable hokar Tumahri jurrat kaie hui DSP saab se behes karne ki’ CRP walon ki aisi ki taisi’. They all slapped the complainant many times on his face & on the area near his ears. Thereafter the Complaint was taken inside the Police Station building and warned him not to shout or weep. During the period of arrest the Complaint asked the Police officers present there to let him to talk to their lawyer & their relatives for further consultation of legal course for their bail but they refused to listen to the requests of the complainant. Also during the custody the Police neither informed theabout the offences & grounds under which he was arrested. No food, water etc. has been provided to the complainant, instead the accused no.1 again in his office of Police Station Kathua forcibly asked him to confess his guilt that he has wrongly parked his motorcycle and put his signature there on the papers, then only they will released from the custody. The Complaint refused to do so and asked the accused no.1 to why they(accused No.1 & his above mentioned subordinates (PSO’s & Driver) have beaten him (Complainant) without any reason ? The accused no.1 replied that “Wo maar nahi hoti balki parshad hota hai”. The accused no.1 again slapped the complaint and forcibly obtained his signature by force on some papers. At about 5:00 PM the complainant shall released from the Police custody and that too without assigning any reason for spending more than 3 hours of police custody. The Police handover the all the original documents of the Complainant’s motor cycle including copy of fabricated Traffic Challan of wrong parking except original D/L to him. The accused no.1 asked the Complainant to move away immediately and warned him not to disclose what has happened to him with anyone including media persons etc. otherwise he again put him(complainant) in the prison and will falsely charged them with serious case. On account of injuries caused to the complainant and with his other relatives immediately went to the DSP HQ Sh. Ajay Sharma and lodged his protest with him. Thereafter the complainant went to the District Hospital Kathua for medical check-up and get register under MLC No.C- 40473 on account of problem in smooth & proper hearing due to injury of ears. Dueto the non-availability of the specialist Doctor of ENT was referred to SMGH Hospital Jammu for further treatment. On 24-03-2016 the Complaint alongwith some prominent person again went to the office of Addl. Supdt. of Police Jb. Khalil Ahmed Poswal and narrated the whole episode to him, who also shows his helplessness to take cognizance in the said matter.The accused No.1 inconnivance with the other accused persons including his above mentioned PSO’s & Driver due to professional jealousy & misleading others, instituted a false traffic challan/ case under section 117/177 Motor Vehicle Act with the concocted charge of wrong parking in order to cover up the entire issue. The complainant was in a state of shock and his hearing capacity has been impaired from normal. Now the complainant left with no other option to knock the door of the Hon’ble Court of CJM Kathua. In course of the wrongful arrest and custodial torture of the Complainant the accused No.1 alongwith other policemen has breached the standing directions issued by the Hon’ble Supreme Court of India in the judgments of D.K. Basu Vs State of West Bengal & Others AIR 1997 SC 3017.AND Joginder Kumar Vs State of UP & Others AIR 1994 SC 1349 which also amounts to contempt of court of Hon’ble Supreme Court of India.