April 28, 2011

GC/2011/004/01


To,


The
Chairman,

Police Complaint Authority
Chandigarh

COMPLAINT AGAINST POLICE OFFICIALS FOR ABUSE OF

POWER AND HARASSMENT

Complaint Against:

1. Mr. Fateh Singh – Sub Inspector (On duty in Sector 15 market )

2. Vikram Singh – Constable
3. Officials on PCR duty in Sector 15 on duty on April 27, 2011 (around
11 PM)

Sir/Madam,

I Gaurav Chhabra presently am residing as a guest with Sh. Onkar Chand of

Servants of the People Society, Lajpat Rai Bhawan, Sector 15, Chandigarh
would like to bring the following facts to your notice for the purpose of making
a complaint against the police officials mentioned above.

1. ] This complaint is about the harrassment, mis-behaviour, threat and abuse

of power by police officers by Chandigarh Police.
2.] That on April 27, 2011 at around 11.00 PM in the market of sector 15,
Chandigarh after our dinner, me and a friend of mine Mr Preet Arjun Singh , a
designer were sitting on the pavement along the market of sector-15 discussing
our ideas about upcoming ventures. A police truck passed by. Policemen in it
were shouting out aloud and warning everyone to leave and that no one should
remain there as its too late (11:10 pm). We were surprised at the behaviour as
the policemen who were doing so themselves appeared to be inebriated and
drunk.
3.] There being no law against public moving out in public place at night and
there being no lawful order by the District Magistrate to this effect, me and my
friend continued our chats and stayed there as our talks were yet not finished.
4.] Fifteen or so minutes after that one Sub inspector named Fateh Singh and
a constable came towards us. The constable approached us and said “ Leave
this place now; its too late”. We replied back that we will go once our
discussion is over and that we are sitting peacefully doing no unlawful thing.
Police officer insisted that we leave right away as no one is allowed to be out at
this time. I said “ Its just 11:10 pm and its not unlawful to be out at this hour”
He replied “ Don’t quarrel…and leave the place.and that its not about law..
law doesn’t matter to us nor does we know any law.. just leave because we
are saying”. I refused to do the same. The Sub inspector then came and straight
away started conversation in a very uncivilized manner and insisted that we
must leave or they shall do that by force. We being sure about our lawful
rights and also aware of the fact that the policeman was abusing his authority,
we again refused and asked him about any order promulgated to this effect and
offered to give our identity details for satisfying his inquisition about us. He as
enquired about my details and asked what do you do.. I replied.. that I am a
doctor but not employed. Of which he started making fun.

5.] When the Sub inspector started talking in a harsh manner and said that we
must leave right now else he will use force. I called up at Police control room
at 100 and explained the matter. The officer on other side asked me to pass
phone to the SI. I did same and the SI started telling them that there is some
unemployed doctor who is acting insane due to his frustration of
unemployment and is fighting for no reason…and that they should not
interfere. I insisted that PCR should come and see into the matter of this
harassment by police.

6.] PCR arrived in ten minutes (
 CH
 01
 G1
 6207)
 The SI talked with the
Constable that came. The constable became very aggressive and said “ That
we don’t care of law.. we know the language of beating people.. and don’t
explain us law we don’t care of it.. we know how to deal with people like
you...” He also cited some other instance where police uses abuses like
Maachod and Bhenchod against such people if they don’t go. I objected to
this and called up at 100 again and told this to police officer there. He talked to
SI but still NOTHING HELPED.

7.] SI called up SHO and SHO told him to bring us to police station and
they will ‘see’ us there. We said we can go there..as we haven’t broken any
law and instead they are misbehaving.

After another ten minutes one Inspector ( name of whom I don’t remember but
an extremely overweight person) arrived, with a team of ten or so policemen in
truck and he started yelling that why when his truck passed by and announced
..we dint leave ?? Around ten policemen surrounded us and this inspector
started threatening us of taking to police station for no reason. He investigated
about us in deep took our numbers and address and asked us to go from there
right away or else we would be taken to police station and that it shall teach us
what ‘ law’ is .. !! The SI again in a very sarcastic manner told other officer..
that ‘He is a unemployed doc.. and looks mentally disturbed and hence so is
fighting with everyone’..thus trying to make me look like a fool to everyone.

8.] We were forced to leave the place after our numbers etc were noted
down and officers kept threatening us that they would visit me and follow
the matter and that I should not be seen ever again in the market after
11pm.
Kindly note that:

A. This is not a stray matter of personal quarrels but speaks of the general
attitude and lack of public spirit of Chandigarh police, specially because when
we confronted police and told them to act lawfully and not mere out of their
whims, they replied back ' We dont care of law.. nor do we know any law.. we
know the power of force .. beating and abusing' . Such words are not only
shocking but are scary for any law-abiding citizens. I personally know of
many people who have faced similar problems in recent past.

B. If one goes by these officers of Chandigarh police, then no one should be

visible in market after 11 pm (unlawful and undeclared curfew?) and that they
can use force to make the same possible. This is unlawful and against the spirit
of Constitution of India, hence this complaint.

C. Huge amounts of funds have been released by Central govt. for promotion
of Night Tourism in the city and Administration is working on plans to
augment the nightlife in the city. With such an attitude of Police force, the
dream to have cultured night tourism will be impossible. More so, because
police chooses to ignore drunk drivers driving on high speed at mid night and
rather prefers to harass peaceful people on foot also smells of class divide.

I hope you shall focus on this matter and take strict action against police
officers who misuse the powers vested on them and harass public for no rhyme
and reasons. Such unlawful action of police be checked as its unconstitutional.

I hereby petition you to take appropriate action against the police officials
involved and instruct the authorities to register an appropriate Criminal case
under the relevant provisions of Indian Penal Code 1860 and Police Act. Proper
departmental proceedings too should be initiated against such officials so that
other members of the police behave decently with the public and do not abuse
their power to the inconvenience and injury to the members of the public.

I also petition you to order Chandigarh Police to compensate me for mental

harassment, injury and for the cost of this complaint and the proceedings,
which take place as a result of it.

I also petition you to pass necessary instructions to Chandigarh Police to

respect the law of the land, the fundamental rights of the people and the
Constitution of India.

Dr. Gaurav Chhabra

Complainant
Lajpat Rai Bhawan,
Sector 15, Chandigarh Phone: 9814452699