Threat of being implicated in criminal case
arvind mahajan
(Querist) 14 January 2013
This query is : Resolved
I want to thank all experts who have been answering my queries ever since 13.10.2012.
In continuation of the matter, I would like to obtain your guidance.
As I have been constantly threatened by Mr V K Paliwal ( a rival union leader) in my office for use of 3rd degree by Delhi Police, in a matrimonial discord which I have put before you people on 13.10.2012, 18.10.2012 and so on. Not even a single day passes without threats and taunts at me. I have apprised both my trade union members and the management at my office that I pass my days under fear of being dragged in frivolous cases.
For last few months Mr V K Paliwal has made it a routine to proudly announce (after a gap of few minutes) my every call from my mobile with whom I talked, what I talked and from / to which number the call was made/came. Every time I receive or make a call I have to leave my seat & go to corridor to attend. But Mr V K Paliwal continued with skills. I realised that my calls are being tapped. Sensing this I started talking against him. So that he should leave this habit.
Now this Mr V K Paliwal has started saying that through his links in Delhi Police and RAW he has got my call recorded in which I asked my friend to procure a revolver to shoot Paliwal, as he has been repeatedly threatening me.
He further adds that Police will ask me to submit the weapon and I will be confined to terrorist cell after giving me a thorough beating. I will not be produced before the magistrate and will be subject to 3rd degree torture. So that they would declare me a person with having links with unlawful people.
I may be asked to apologize before Paliwal and will be bedridden for many days. He further threaten to get me suspended from my job for such discussion on the call.
He says the stage is set for the action and I may be picked from my residence or work place and will be subjected to cruelty.
The main reason is that he has several times pressurized me to succumb to my wife's demands. He openly says that he has such links with the Police that I.O. will not allow me to speak even a single word. I will only be beaten as the I.O. has links with Paliwal.
Experts please suggest what to do?
Life has become miserable for me.
Can a person with links with Police can do all this?
Your timely advice will save me.
Raj Kumar Makkad
(Expert) 14 January 2013
Why are you so depressed listening false threatening as no person can be over and above the law. If you cannot bear all such threatening, make a complaint to local police or senior police officers so that a remedial arrangement may be made in the given situation.
Guest
(Expert) 15 January 2013
Agree to Mr.Makkad's advice. I would though hasten to add that criminals with links in the establishment often exploit those links and cause hardship to others. You should, therefore, make a complaint to the higher police officials and, if required, move the HC for protection of your life and liberty.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
arvind mahajan
(Querist) 15 January 2013
Respected Makkad sir and Ashish Davessar sir thanks for the reply.
The main reason for worry is that though we made such conversation on the phone so that Mr Paliwal gets our message too and he stops interfering my personal life and stop giving threats to me.
V R SHROFF
(Expert) 15 January 2013
Inform the Home ministry to take care .
Phone tapping not allowed. Issue him notice of what he threats.
how can a single person take law in his hand and police acts ultra-vires and dance at his tune??
Sudhir Kumar, Advocate
(Expert) 15 January 2013
you said " he has got my call recorded in which I asked my friend to procure a revolver to shoot Paliwal, "
please be clear whether you really made this threat. If yes then he can do what he threats if he has recorded the same in his phone.
If you are innocent you can submit complaint to Addl CP (Vigilance) who will take care of police officials acquainted with him.
Further advise can be given if your organisation is Govt one.
Sudhir Kumar, Advocate
(Expert) 15 January 2013
the query is continued from
http://www.lawyersclubindia.com/experts/365076-365076.asp
arvind mahajan
(Querist) 15 January 2013
Sudhir sir, as I said earlier that Mr Paliwal has got my call recorded from the police and not in his mobile.
He adds that police/Raw will take care of me and he will not lodge any complaint.
Sir I am a Govt employee.
arvind mahajan
(Querist) 15 January 2013
Thanks Shroff sir for the guidance.
arvind mahajan
(Querist) 15 January 2013
Respected experts please confirm my rights to ward off the arrest or what should I do at that time if approached by police / raw.
Kiran Kumar
(Expert) 15 January 2013
RAW is not meant for such purposes.
the kind of threats you are receiving are fake, however, for your protection you may take up the matter with the higher police authorities for appropriate action.
Raj Kumar Makkad
(Expert) 15 January 2013
Until and unless police do not contact you regarding the alleged threat, you need not to worry.
Sudhir Kumar, Advocate
(Expert) 15 January 2013
If you are Govt employee I presume so is Mr Paliwal. You have (as you said) complained to the department and they have taken no action against him. Depending upon the contents of your complaint (i) complaint to CVC against higher authorities for shielding him (ii) file writ mandamus before high court
Threatening on the ground of acquaintance with public servants amount to misconduct under prevention of corruption act. You can approach ACB Delhi Govt or CBI.
If you feel that he has contacts in police and planning to harass you I have already advised you to contact office of Addl CP(Vigilance). Receiving complaints of corruption and misuses of powers, against Delhi Police officials is their full time job.
YOU GAIN NOTHING BY MULTIPLE THREADS YOU HAVE OPENED. THIS FORUM DOES NOT CONTEST CASES ON BEHALF OF QUERISTS.
THIS FORUM IS JUST MEANT FOR SOME CHARITABLE ADVISE AND YOU HAVE GOT ENOUGH OF IT
Raj Kumar Makkad
(Expert) 15 January 2013
The querist is not a Govt. employee rather working in a private company as per his query.
arvind mahajan
(Querist) 15 January 2013
Thanks Sudhir sir, I appreciate your concern and advice. The complaint made was both verbal and the union leaders also discussed verbally with the management and asked Mr Paliwal to desist from the practice.
Thanks for the concern.
arvind mahajan
(Querist) 15 January 2013
Respected Sh Makkar sir, I have again received a threat from Mr V K Paliwal that my wife will shout before our residence and collect people and also call media that I am not keeping her instead defaming her with other people.
Further Mr V K Paliwal said that I will be picked up in the evening at around 5-5.15pm and beaten thoroughly and will be asked to declothe and will be humiliated in the police station and the PCR will bring me to my residence. He also says that he too will be present in the police station enjoying with his I.O (friend).
Sir, why I share here is, so that I get some solace with your guidance else I might have given up considering the mental torture I am facing daily.
What to do in such situation if my wife comes and creates a scene outside our residence and wants to live?
arvind mahajan
(Querist) 25 January 2013
Respected experts, please advice me what is the procedure that will be followed by police upon my wife's compliant when we are living separate for more than last six years.
As per threats from Mr Paliwal, the allegations include cheating, dowry, cruelty,
defamation etc.
Please apprise me with the procedure as the confusion is due to the fact that this person has been boasting of his links with police and higher officials and claims to put me behind bars, whereas the people I consulted say there is no such case to be established.
Sudhir Kumar, Advocate
(Expert) 25 January 2013
Very smart.
You are making a verbal complaint against a Union Leader and expect the management to take action against him. So that management receives strictures from court (some officers to receive chargehseet) for framing charges against Mr Paliwal without any evidence because a person giving oral complaint will not confirm his illegal in inquiry.
Management is 100% justified in ignoring complaints made by you.
You have to make written complaint to department against Mr Paliwal, to Addl CP(Vigilance)against the IO and Mr Paliwal. Without this written complaint any amount of blogging on this site will not help you.
This forum cannot do anything more than advise as given in your multiple blogs
Experts intending to deal with this query may refer to:-
http://www.lawyersclubindia.com/experts/what-to-do-upon-arrest-not-produced-in-court--365141.asp#.UQKBtfJ17fM
http://www.lawyersclubindia.com/experts/Case-by-wife-repeated-threats-of-police-beating-345626.asp#.UQKB_vJ17fM
http://www.lawyersclubindia.com/experts/Weightage-of-recorded-phone-call-346816.asp#.UQKCHfJ17fM
http://www.lawyersclubindia.com/experts/Police-complaint-use-of-third-degree-351421.asp#.UQKCRPJ17fM
