Molly Jones 24 April 2016

How can we fight against police-criminal-politician nexus?

Please read the details below and provide advice.

My friend lives in Howrah, West Bengal. For the last several years, some local goons are harassing him. During last year's Diwali (November, 2015) some local goons (members of a club) threw firecrackers inside his house. He protested. The local goons threatened him to murder him and to frame him in false police cases. Six months before this incident some criminals broke window glasses in my friend's house throwing stones. He wrote an email with all the details to police control room (the email address is available here: https://howrahcitypolice.in/contact-us). The police has not contacted him till now (April, 2016) even once.

The situation got worse. Some of the local criminals started tresspassing into his house through roof which was accessible from the adjacent club building. One morning in December, 2015, near his house, he heard some local criminals plan a dacoity in his house. As he had not got any help from local police last time, he decided to submit a grievance in PMO.

PMO sent the grievance to local police. Instead of taking any action or contacting my friend, the police alerted the criminals and encouraged them to file fake complaints against my friend. A local political leader used his influence.

This political leader has a very interesting character. He has inserted his boys inside the Howrah City Police Force through CPVF (Civic Police Volunteer Force) Programme. Whenever a person goes to police with a complaint against him or someone close to him he gets the news immediately.

A few days earlier my friend received a threat mail where a local criminal threatened him to frame him in fake police cases by sending obscene/threat mails using my friend's name. A few weeks ago, near the house, at late night, my friend heard some police officers discussing a plan to pick him up when election is over on the charge of sending hundreds of obscene/threat mails to high ranking police officers of Howrah, they were also talking about getting influenced by the local political leader.

In this situation, what should be our next step?

If you are a lawyer and you are interested in this case because of its challenging nature, please mention that in your reply.

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1 Replies

NANDKUMAR B SAWANT (ADVOCATE./LAWYER) 24 April 2016

SIR,

KINDLY N0TE THAT.

1. YOUR FRIEND HAD ALREADY SENT E.MAIL. TO THE LOCAL POLICE.

BUT NO ACTION WAS TAKEN.

2. YOU MAY INFORM YOUR FRIEND THAT KINDLY TAKE A PRINT OF SAID E.MAIL.AND ALSO PREPARE A DE3TAILED COMPLAINT MENTIONING THE DATE PLACE AND TIME OF OFFENCE AND ALSO A CONTINUING OFFENCE TILL DATE,THEN ALSO WRIT NAME AND ADDRESSES OF ACCUSED PERSONS AND SAID POLITICIAN .

3. YOU MAY DIRECTLY ADVISE YOUR FRIEND TO FILE A CR.CASE IN THE CHIEF JUDICIAL MAGISTRATES COURT MENTIONING ALL FACTS AND NAMES AND ADDRESS OF THE ACCUSED PERSONS AND PRAY FOR FUNISHMENT FOR THE SAID ACCUSED .KINDLY NOTE THAT THIS CR. CASE CAN BE FILED IN COURT THROUGH SOME LAWYER.OR YOU MAY SEND ALL DETAILS WILL HELP.

4. YOU MAY KINDLY NOTE THAT COURT WILL HEAR THE COMPLAINANT AND UP ON HEARING THE ARGUMENTS OF THE ADVOCATE, COURT WILL CALL REPORT FROM POLICE DEPT.AND WILL ORDER FILING F.I.R. AGAINST THE SAID ACCUSED IF CONVINCED. SAID ACCUSED WILL BE SUMMONED BEFORE COURT AND PROPER COURT PROCEDURE WILL BE FOLLOWED THEN.

5. IN CASE THE COMPLAINANT IS NOT SATISFIED HE MAY APPROACH THE HIGH COURT FOR DIRECTION TO THE POLICE COMMISSIONEER OF DIST TO CONDUCT INVESTIGATION THROUGH INDEPENDENT OFFICERS DIRECTLY UNDER HIS AUTHORITY..

6 OR IF SERIOUS OFFENCES THE COMPLAINANT MAY FILE WRIT PETITION/ CRIMINAL APPLICATION TO HIGH COURT OF AREA CONCERNED, AND HIGH COURT COURT MAY TRANSFER THE INVESTIGATION FROM POLICE. TO ANOTHER INVESTIGATION AGENCY INCLUDING C.B.I. PLEASE NOTE.

GOOD LUCK.

N.B.SAWANT.M.COM.LL.B., ADVOCATE HIGH COURT.