Assault and harassment by police
3 years ago
i had a dispute in the rented house that i am staying and they have put allegations on me that i am having an affair with the owners wife and beat me for which i sustained injury above my right eye. I have lodge an FIR complaint against them in Police station regarding this issue. As supreme court clearly stated on 2018 that adultery is not a criminal offence and can only be used as a case complaint towards divorce and not as an FIR, i believe i have my rights to lodge FIR on the grounds of being assaulted. During my time in police station on 16/06/2020 i was slapped by the officer in charge at that moment for disagreeing with his words as there was no evidence to justify that i was a criminal and my only fault was to disagree with what he had said.He had explained me that i am doing wrong by talking with the house owners wife to which i replied that oral conversation does not prove that i am having an affair and even if i did orally speak its not a criminal offence by law. Also while a police officer was sent to investigate my complaint he was utterly rude with me over phone and verbally abused me and also discriminated me on the grounds of state and told me "mystate ka log chor he.." i have recorded the voice and presented it to the officer who took my FIR and she said there is nothing racist here and told it was not appropriate for him to tell those words. Later while investigations were going on inside the police station i was boycotted as i was the only one, where as there were three person on the accused side who made false claim that they tried to stop the fight and pushed me and i got my injury and the offficer in charge supported them saying that he would have beaten me up worst then them if he was present at the scene. And then when i disagreed with how they were dealing he got up and slapped me. Later i was sent to sit on the bench where the officer who had verbally abused me on the phone asked for my phone password and deleted his recorded voice. I told him that its not legal to delete someones personal data and he told me that do what ever you can. I believe that the lady officer to whom i showed the recording told him to do so as there was no other way for him to know that his voice has been recorded. I went to the police station in hopes of getting justice against the assault on me but they instead told my house owner to file charge for committing adultery which i believe has been removed by Supreme Court of India. They told us to make a mutual agreement by threatening to lock us up. I do not understand on what grounds was i told that i would be locked up if i had not made mutual agreement. I was present alone as my family resides in ***** and i do not want to bother them as they are aged.I am not the only north east citizen facing issues due to my personal appearance. I do not want to be harrased by Police officers anymore as i have lost all hope in justice being served in our Democratic country. What can i do now?
No police officer is authorized to assault. You may take the issue to High Court through well known and reputed advocate practicing on criminal side.
Rameshwar Dadhe
Responded 3 years ago
UR Associates
Responded 3 years ago
This is a classic case of police brutality and criminal conspiracy against you. Physical abuse should strictly not be tolerated and the same needs to be reported at its earliest.
The first thing you need to do is to file a formal written complain against the respective police officer with the DCP or Commissioner(if you are living in city limits) or else with the Deputy Superintendent of police (if you are in rural area). Please do not forget to take a received copy with the sign and seal of the repective police department which will act as a proof of you reporting this incident formally to the higher authorities. Secondly also file a application under the Right to Information Act (RTI) with the current police station so that they are officially and legally bound to submit a report of the stage of investigation of your current complaint. Also add this report to the complaint that you make to the DCP, Commissioner or Deputy Superintendent of police as the case may be.
In the Indian Penal Code (IPC), there is a provision u/s 166 that empowers any person to raise a complaint against public servant and since the police officer falls under the gambit of public servant, this section can be invoked.
Anand Shukla Legal Practitioner,Legal Consultant & Advisor
Responded 3 years ago
File a counter complaint and teach a lesson to the rude officers and racist people who insulted your community.