Put behind bars under Public Representative Act
Rajneesh Madhok
(Querist) 30 August 2009
This query is : Resolved
False case registered and the person kept in illegal confinement REGISTERED CASE UNDER SECTION 107/151.THIS TIME ARRESTED WITH NO OFFENCE.
PREVIOUSLY THE ACCUSED HAD BEEN PENALIZED UNDER PULIC REPRESENTATIVE ACT IN 2007.
Sir,
Cops of Punjab Police detained a person and kept him in confinement. The matter was reported to quite a number of authorities The case was that a person Viz A had helped the old ladies to cast their vote in the last assembly elections held in the year of 2007 by providing conveyance up to the polling booth. In that case the case had been registered against him and him was penalized for Rs. 1,000/-. The case is over.
Now we come to the point. In this parliamentary elections. The said person A became the victim of Punjab Police. The police keep on harassing him, keep on putting him in illegal confinement. The procedure of harassment did not come to end.
The victim (offender in the name of Punjab Police) reported the matter vide E-mails, Speed post to different authorities from Punjab police officials, President of India, Vice President of India, Chief Secretary and all the concerned officials of Ministry of Home Affairs. But in vain.
One day in early hours A was picked up from his house with police force and again kept in confinement. The police replied to the query filed under RTI act that the reasons of taking actions are as under.
PUNJAB STATE HUMAN RIGHTS COMMISSIONCHANDIGARHComplaint No: 8084/9/2009 Present : Complainant Kulwinder Ram with Shri Rajneesh Madhok Report dated 21.8.2009 from SSP Kapurthala has been received through A.D.G.P/IVC-Cum-Human Rights, wherein the allegations of the complainant have been refuted and found false. It is reported that during the Lok Sabha Elections in 2009 there were instructions from the Election Commission that preventive action be taken against all the Bad Chracter persons and those against whom cases were registered during the last elections. Since case FIR No. 29 dated 13.2.2007 was registered against complainant Kulwinder Ram at PS Sadar, Phagwara, during the last elections, he was arrested and produced before the SDM while taking action under Sections 107/151 Cr.P.C. A copy of this order along with a copy of the said report be sent to the complainant for filing the rejoinder by the next date, failing which the complaint would be finally disposed of in accordance with law. Adjourned to 13.11.2009. Date: 24.8.2009 Sd/-“SONI” Justice Baldev Singh Member Now the points to be considered:1. Sec. 107/151 is regarding MINOR DISPUTE of two parties. In this case the convict who had been put behind bars twice and has to get bail has not made any offence. In the last assembly elections he had helped the old ladies of the village to caste their vote by providing transportation in his car. In this offence he had been convicted and had been fined for Rs 1,000 in the 1997. Whether he became law offender and there is a great problem if he scot free during elections and there will be the law and order maintenance problem. 2. Sec 144 is applicable on Law and order problems. Why the person put behind bars and placed in lock up and still the police department says that it is according to the instructions by the Election commission. REPLY OF PUNJAB POLICE SUBMITTED TO THE COMPLAINANT From Senior Supdtt. Of Police, 24/8/2009 Kapurthala, To Registrar, Human Rights Commission, Punjab, Chandigarh !No. : 1770-P Dated 21-8-09 Sub Regarding: Shri Rajneesh Madhok, Nehru Park, resident of Gali No. 2, Railway
Raj Kumar Makkad
(Expert) 04 November 2009
Madhok ji! It hardly matters whether the accused Kuwinder Ram was an accused under section 107/51 or under section 302. Question is that he was found involved in an election related offence which had been proved and he was penalized accordingly. Now election commission issued instructions to the police authorities to detain such persons who were found involved in the election related crime in all earlier elections and police made compliance to that order so there is no illegality in their action and it is justified within their duty.
