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Share More (     08 May 2011

Harrasment By Railway Police


This is to bring to your notice the harassment meted out to me by the Railway Police at Mumbai the details of which are as below.

I am a resident of Surat and was travelling from Delhi to Surat on 7/5/2011.  I had booked an Air India flight from Delhi to Mumbai and a connecting train from Mumbai to Surat (Rajdhani Express). However the flight was delayed by 5 hours and so I was able to reach Mumbai Central only by 6: 15 PM by which time my train had already left.

I tried the current reservation and got a ticket for Jaipur Superfast express which leaves at 6: 50 PM. With only 20 minutes left for the train to leave I was approaching the platform when I was confronted by a policeman who asked me to open my bag. I had a laptop bag and a suitcase. I informed him that my suitcase has already been screened at the airport and showed him the seal which was still intact. Still I opened my suitcase. He checked it and found nothing objectionable. He then started checking my laptop bag and got hold of a CD. He asked me what it was. I told him it was a Malayalam movie. He took me to his office and then two more people joined and told me that they suspected that this was a blue film and that they will be testing the CD. I offered them to play the CD in my laptop but the CD being very old and having been in my laptop bag unnoticed for a very long time could not be played.

They told me that I will be detained at the police station and that the CD will be checked in a supercomputer and if found objectionable a case would be registered. I told them that this was not a blue film but had some hot scenes. Moreover possessing of CD for private viewing is not a crime. Trading was a crime. They said that they will be filing a case on court on Monday and asked me to tell all this to the judge. Till then he said I will be under their custody and asked me to contact my lawyer. I do not know any lawyer in Mumbai.I showed them my passport , my driving licence, my PAN card saying that they can take a Xerox of the same and issue me a summons if they put a case . This was also not listened to.

 With only 5 minutes left for my train to leave, I was in a desperate situation. To let me go, they literally asked me to show my purse and took all the money in it leaving just enough for me to get home. This was just daylight robbery by persons who are supposed to protect the law. They took full advantage of my urgency to fleece money from me and in spite of knowing  that they do not have a case against me, I had to bend to their demands.

I discussed this with some of my friends and came to know about two more people in Surat who had faced similar situations. One person who had come from abroad was questioned regarding the foreign currency available with him and when 5 minutes was left for his train to leave he was asked to handover5000 and go or that he will be detained for questioning. Another person was questioned in a similar way about some jewellery present in his bag. As a result those people has stopped taking the train from Mumbai instead they hire a taxi.

These people are targeting single men especially with airline tags on their suitcase and who walk rapidly to catch their train especially on Weekends.

I would request your advice on the following matters so that as individuals we can deal with the matter without any tension.

a)      Do the police have power to detain any one on flimsy grounds like this?

b)      Is there a helpline number where we can call up at the time we are subjected to such type of harassment? If so, I would request you to kindly provide the same.

c)       If they detain a person in such a way and later have no case against him, can he file a case against the police for harassment and mental torture?





 3 Replies

Trilok Nath Saxena (Lawyer)     08 May 2011

Please make a complaint to concerned IG RPF who will investigate and take action find helpline nos of Western Railway and make a complaint to them, apart from it thereis website also of Western Railway search it and do the needful.

T N Saxena 

1 Like

jayaveladvocate (Lawyer)     08 May 2011

Respected Sir, First all let me say one thing very clearly that the General Legal awaresness imbued by our educational system is so low that the contents of the Media is taken by ourselves as the law as followed. Thus the law enforcement seats goes without any accountablity. the following are the rights infrigenged in this episode:-

 The Police man could interrogate you but not detain you without proof of having committed a cognizable offence.   Of ourse a cop can detain you upto 24 hrs if your appearence suggested a cognizable offence about to be committed. But even for such 24 hours records od police office(Genreal diary) should have recorded. Squarely the enquiry officer should have infringed your fundamental right as found in Article 19 and 21. The people mostly belive they can not approach the High court to get a writ issued. The Human Rights commission is available you can certainly make a complaint in this matter. Make sure you implead the Railways also in this matter. Please bear it in yoour mind the law is not just enacted but it brought into existence only when it is complied in letter and spirit , thus evolve a new social order with rigid accoutablities. 

1 Like (     15 June 2011

Thanks sir,

I followed your advise and complained to the GRP as well as the Railways.

Yesterday someone came to my office and refunded me the money.

Things do happen if you fight for your rights.

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