Harassment by the police in salem
Querist :
Anonymous
(Querist) 14 September 2011
This query is : Resolved
I just wrote the following complaint to the Salem police but could not send. Instead I thought of asking experts advice here. The complaint is too long sorry for that. If anyone want I might cut it short and send again Please advice me what legal action can I take? I dont have much faith that i get any kind of justice from Salem police
Thank you
When I was trying to take a turn to enter the university on 1/9/11, two people came in a two wheeler from the wrong side, right in front of my car. As I breaked immediately I could avoid collision. But even being on the wrong side, the pillion rider started abusing me even hitting my car with his hand and legs. I too reacted and to ask for an explanation for his behaviour I followed him in my car to the opposite side. The pillion rider got down from the bike and hit my car with a stone. Then people gathered and the pillion rider started explaining his version of the story to the mob of about 50 people. Since I cannot speak tamil properly and more importanatly I was not interested in explaining anything to the curious onlookers I waited till the police came. Immediately the pillion rider who still had a stone in his hand, got rid of it discretely and started telling his story to the police. The highway police, Mr Mani, didnt ask me to explain anything but was listening to the mob who were never there when the incident happened. And came to a one sided conclusion that I was wrong. He didnot bother to even ask where the incident happened. If the police had even took the trouble to find out the place where it happened it would be immediate to see the bike came from the wrong side. The two persons who were on the bike happens to be the locals and the mob which gathered happened to be from the same neighbourhood. Even before the police arrived my car key was taken by the bike rider forcibly and as soon as Mr Mani came he handed over my keys to him. But the police didnt return the keys to me nor did he lock my car even after being requested several times. For almost one hour my car was open and the key was with the police who were about 50m from the car. The mob demanded that I speak in Tamil which I could not as I am from Karnataka. Mr Mani said he does not understand english and will not ask me for the details of the incident. There was a loca politician in the crowd who retorted that this is Tamil Nadu unless you speak in Tamil you dont get justice here. Which seems to be the mood of all the police in Omlur police station. After one hour finally I gor my keys back and went to Omlur police station to register my complaint in my car. They took my complaint the bike rider also had given a complaint against me. But I didnt get any reciept for my complaint. When asked I was asked to come at 10Am the next day as the inspector was not available there. They told me that the other party will also will come as they were asked to come the same time When I went with my car the next day the inspector was not there nor the other party. The police present there told me that it being Ganesh Chaturthi the other party has decided not to come and requested me to forget the whole incident. As I too have a job in the university I thought I will let it go specially because I dont have time to waste. But after 13 days on 14th i get a summons from the Omlur police inspector saying they have registered a case against me based on the other party's complaint. They told me that they did nto reister any case against the opposite party based on my complaint. The police who came to our department to hand over me the summons gave me the explanation that when the dispute is between a car owner and a bike owner they will always reister a case against the car owner. This might be the legal procedure but I fail to understand the logic of it. The two wheeler came in the wrong direction and there was no collision at all plus they didnt have the required documents but but police take one sided view that I was completely wrong. I get a strong feeling that this injustice happens to me because I am not a localite specially not a Tamilian. I keep hearing from the police that speak Tamil or we wont do anything. I would like to bring to you notice that there Tamilians stay virtually all over India and even abroad. If the same kind of justice is given to them would it be called justice by the same police?
Today when I went to the omlur station the inspector used bad language and when I asked him why they have not registered a case against the other party based on my complaint he said he need not explain anything to me and warned me that he can do anything in his police station to me and it is not my university department. I am surprised at the knowledge of law that he has! Just because it is his police station he can do anything! He even told me he is too busy and cannot find out my first complaint given on 1/9/11. He told he cannot even say whether it was there or not. And since he is a man I should not ask him anything I can only talk to a woman police. In between I had given complaint to the SP office i donot know what happened to it. The inpector of Omlur police station rang up his higher officials in front of me and has given a competely wrong picture of my visit. I had also given another complaint of assault to the station today and finally after a long scene in the police station (where the police insisted that I sit on the floor and that they will lock me up and some abusive words and some physical pushing and pulling ) I managed to get a reciept of the complaint that I had given today. Frankly I have almost lost hopes of getting any justice from the police here. This will be my last attempt to reaon out with the salem/omlur police. I cannot think what happens to a woman who does not have any education/ or position if this happens to me.
Any more harassment from the police, I will have no choice left but to go public justice system in whichever form.
Raj Kumar Makkad
(Expert) 14 September 2011
Police is not meant to do justice. May it be Tamilnadu, Karnatka, Delhi or any other State, the behaviour and way of working of polce department is almost same so add this information to your kind knowledge and now come to your problem. You can seek information about the fate of your complaint under RTI Act from police authorities and may also file a complaint under section 200 Cr. PC before the court of area magistrate with an application under section 156 (3) Cr. PC requesting to send the complaint for lodging FIR against the real culprits as well as concerned police officers who used abusive language against you and threatened accordingly. Every citizen is required to be dealt with dignity so you raise your voice. I advise to engage a local lawyer for this purpose.
M/s. Y-not legal services
(Expert) 14 September 2011
Ok sir. I gone through your full facts. Am from madurai, tamilnadu. How can i help you? Actually what you want to do further?
prabhakar singh
(Expert) 14 September 2011
GOOD PRACTICAL HELP PROPOSED FROM MR. TOM.
Advocate M.Bhadra
(Expert) 14 September 2011
Police authority are all in all in administrative section in our country,even Cr.P.C. provides some extra power, which most of the cases they misuse it.You can lodge a complaint to the Human Right Commission and also file a writ petition in High Court.
