The Bold Voice of J&K

No efforts to ensure implementation of law by law enforcing SHOs

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cartoon-final STATE TIMES NEWS
JAMMU: Ironically but truthfully, the very famous adage ‘Elephant has two set of teeth-one to show off and the other to chew with’ seems to have been penned-down and coined for Jammu and Kashmir Police.
In its vain bid to be public friendly and, in a way, to shun its ugly image of allegedly being ‘corrupt, inefficient and incompetent’, the police has recently launched a WhatsApp group ‘Police-n-Media’ to showcase how effective, capable and trust-worthy it is. But venture out to any police station, the nightmarish experience starts which even pales the shinning motive of ‘In service of people’.
The admin of the ‘Police-n-Media’ recently posted very informative information, essentially for the media, on the rights of a person in a police station, which inter-allia reads, “When you are called in Police Station in connection with any FIR/Complaint, you have the right to, Ask for the grounds of the FIR/complaint; Ask for copy of the FIR/ complaint; You have right to ask whether you are summoned in a bailable/non-bailable matter; You have right to seek time to inform/talk to a friend, relative or lawyer before your interview with Police; You have right to engage an advocate for your assistance/defend your case; If you are a minor, you must have a support person with you i.e. parents/guardian, relative or friend, a lawyer for assistance; You have right to get your medical through a team of doctors; You have right to ask for copy of inventory of the items seized during your search; You have a right to remain silent if you are not sure about the facts; Before signing any document you must carefully read the document and then sign it; Avoid complicated technical words and unnecessary details while giving any statement, as what you say to Police is always important; Be calm and cooperative”.
The Do’s and Don’ts are very rosy, attractive and inspiring as far as these concern to the rights of people and duties of police but does the police really means it or, like the politicians, the Men-in-Khaki too perceive that what they say they never mean and what they mean they never say.
In a classic case of how the police department looks to the other side when it comes to implementing on ground what it actually preaches. The action in a specific case of police arrogance would have matched the words, had cognizance been taken against a high-profile, back-door entrant and blue eyed SHO who did not only show scant regard to court directives but virtually harassed  a common citizen, assisted and escorted by a licensed lawyer, who could not get the complaint registered, to which the Munshi and an ASI of the Thana stand witness. Though the contempt of court proceeding were initiated against the SHO, yet it is surprising that no senior officer ever tried to know under which circumstances the contempt proceedings were taken up. Had the seniors realized their supervisory responsibilities, some action would have certainly been taken against the erring SHO but, as they say, ‘Elephant has two set of teeth-one to show off and the other to chew with’.
Last year, according to a news report, Special Mobile Magistrate (Passenger Tax), Jammu issued a notice against Station House Officer, Pacca Danga, Jammu Inspector Ajay Bhat, seeking his personal presence on January 2, 2015 for allegedly committing Contempt of Court in the matter of Complaint No. 19/PTCJ, titled “Bharat Indu Dutta Versus State through SHO Pacca Danga, Jammu” dated December 26, 2015 forwarded to the SHO under Section 156 (3) Cr.P.C for investigation and necessary action under law by the Court.
The complainant, Bharat Indu Sharma had submitted before the Court that on the motion of the petitioner, Court was pleased to forward complaint titled “Bharat Indu Dutta Versus State” to the SHO, under Section 156 (3) Cr.P.C. for investigation and necessary action. The complaint was submitted to the above named SHO in presence of Munshi of the Thaná as well as Sub-Inspector Kali Charan by the applicant, who was accompanied by his counsel at that time. The above named SHO flatly refused to provide a receipt of the complaint to the applicant. Thereafter when no appropriate action was taken by the above named SHO, another application seeking status report in the main complaint was moved in which Court sought the action taken status report from the above named SHO. That on December 30, 2015, a report was submitted by the SHO in which he stated that there is no case registered against the petitioner (Bharat Indu Dutta) i.e. the complainant.
The same SHO was provided with relevant documents and photographs of some of the accused named in complaint, who were actively involved in the commission of the acts alleged in the complaint. The above named SHO Pacca Danga by firstly not performing his lawful duty, that too on the directions of Court and secondly submitting a mischievous and misleading report regarding the status of the complaint has exhibited that he has no regard for Court orders and does not believe in law of the land.
Had complaint been registered, as is being made out in the WhatsApp Group, there would not have been a need for seeking directions under Section 156 (3) Cr.P.C. The huge question keeps lurking in public mind, as to what the top brass has done in the matter so far. The confidence and faith of the citizens is bound to shake when they see the SHO with serious charges enjoying the same clout, courtesy, as they say, the unscrupulous seniors.

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