Allahabad HC summons DGP, SSP in wrongful confinement case

Taking a serious note of repeated wrongful implication of a man in criminal cases, the Allahabad High Court has asked the Director General of Police (DGP) and Senior Superintendent of Police (SSP), Muzaffarnagar, to appear in person on December 13 in the matter.

The court passed this after the bail plea of a man, who was accused in 49 narcotic drugs cases in the last 23 years but was either acquitted or his name was expunged from the case later on.

Hearing a bail application filed by one Gaurav a.k.a. Gaura of Muzaffarnagar, Justice Vivek Kumar Singh observed, "This court fails to understand the working of the police of the concerned police station that how the cases said to have been wrongly imposed on a person that too, not once, it happens repeatedly in the present case. This is not expected from the Uttar Pradesh Police. Such callous action cannot be imagined from the officers of the disciplined force."

Expressing concern on the working of the police, the court observed, "For a citizen the term 'police' is a sense of protection, relief, peace and tranquillity and under its auspices, he walks and sleeps fearlessly. However, if his protection shield finds pores, the belief is devastated. Police is one of the wings of disciplined forces which have been set up for the safety and security of the public at large."

Elaborating on the human rights aspect involved in the matters of wrongful implications, the court said, "The life of every person has similar values. The day passed never gets back and if it is darkened it becomes hard to live life with the basket of allegations. Belief is that deliberate mistake should be repented, however, if the days of life are spotted with stigma of criminal activities and those allegations ultimately are found to be unproved, the question arises whether it can be compensated or the sphere of his life can be rewilded. Though there is no mechanism to forecast involvement or implication, however, finding it proved that someone's life has been spoiled because of ill-intention, it needs to be dealt with strictly."

According to the applicant, the police of the Khatauli police station of Muzaffarnagar has been registering false and frivolous cases against the applicant and a complaint was made by the applicant to Human Rights Commission (NHRC), New Delhi, whereupon an order was passed on June 5, 2007, directing the additional director general (ADG) of Police, Allahabad to compensate the applicant and compensation to the tune of Rs 10,000 was also awarded to the applicant and his brother Omi.

The court in its order dated November 9, after going through the details of previous cases, related to narcotics drugs, registered against the applicant, observed, "Perusal of the aforesaid history chart shows that there is history of 49 cases to the credit of the applicant pertains to one and same police station -- Police Station Khatauli, district Muzaffarnagar -- wherein out of 45 cases shown above, the applicant has been acquitted in 11 cases and in nine cases notices were withdrawn. Besides, in two cases the name of the applicant has wrongly been mentioned. In addition to it, in one case under National Security Act (NSA), the proceedings were quashed and in twenty-one cases, the applicant has been enlarged on bail and in one case anticipatory bail has been granted.