Common people have a perception that in the event of violation of their human rights they would get justice from NHRC. If so, it is a gullible thinking. If a common man is pitted against influential, rich and powerful people then he is sure to invite ruin for his family and himself with all the organs of the democratic institutions careening towards the powerful.Of course there are some exceptions in form of some impartial institutions or individuals few and far between. My own case is a sad commentary on the functioning of administration, police, press and judiciary.
Before I got the first-hand ground level knowledge about how the administration,police, judiciary and the press work in our democracy I used to think of the infallibility of the system in a manner a high school student going into the words like Constitution, fundamental rights, constitutional remedies against violation of the rights, human rights, individual dignity and freedom etc.learn through his book of Civics in quite ingenuous manner with a sense of pride to his country. But after some years when he is left to fend for himself,finds this country into the hands of the corrupt mafia having cast its tentacles invariably over all the organs of the nation’s polity. The prevailing situation is that the rich and the mighty distribute among themselves the spoils of the system. I have noticed that the NHRC is eager to take up cases already highlighted by press and e-media.
It was first shock of my life when I was framed in a false murder case in a scheme hatched by some criminal minded IPS officers of Bihar.As soon as I received a copy of the F.I.R (Masrak P.S. case no. 152/99 in which a police officer became informant) the next very day I lodged a complaint with the NHRC on 14.7.99 by registered post. I was granted anticipatory bail by Hon’ble Patna High Court. I further apprised NHRC of the subsequent harassment,torture, illegal detention and police excesses through my registered letters.Some very senior IPS officers had figured in the complaints, and one of them was related to one of my younger brothers. I was dismayed by the fact that the NHRC neither acknowledged the complaints nor registered any case. When I contacted it I was informed that the complaints were not traceable.
Then once again I submitted a set of the photo-copies of the complaints with postal registration receipts accompanied by a fresh forwarding letter through special messenger at the counter of the NHRC New Delhi. The NHRC receipt section gave a receipt duly signed, sealed and dated 05.12.2000. Again the same story repeated itself. That set of the complaints was also traceless. Another registered complaint dated 24.3.03 met the same fate.
In the meantime these IPS officers influenced a highly controversial, corrupt and manipulative officer of the Indian audit & accounts Service and a member of Patna bureaucratic booze-circle to black-mail and harass me. The result was that I was dismissed from govt. service on a laughable charge of not standing as a witness five years back in a departmental inquiry related with two union leaders. When the CAT set aside the dismissal order I was again suspended from a date six years back.
Conspiracies were hatched at Patna golf club and posh hotels. People connected with administration, judiciary, police and press were managed. The audit & accounts service officer played the lead role. He influenced them by giving pay-slips, illegally enhancing pay & allowances etc. The dignitaries who do not get influenced were black-mailed through threat of highlighting excess payment in LTC, TA, MA etc. And thus all the organs of the democratic structure favoured the corrupt lawbreakers to a great extant. How I suffered silently is a detailed true saga of facts which a CBI like agency can unravel and I am sure the outcome will shock and stun the common people.
The perpetrating officers through their time-tested weapon of wine-dine and money managed the Press- core of Patna to defame me. Five news papers the Hindustan Times,Hindutan, Dainik Jagran, Aaj and Amrit Varsha were misused as a tool of oppression in the hands of the corrupt officers. These news papers published imaginary, filthy and scurrilous things about me. My character was damaged in the eye of society. Thus, for a considerable period of time I remained defenseless from all sides. That was a situation of helplessness, despondency and frustration; very agonizing and painful indeed.
The news papers never published my rejoinders which were supplied to them along with proofs.
I lodged a complaint against the above dailies with the Press Council of India. During hearing in my case no No. 14/2-6/03-04-PCI of the Press Council of India repeatedly asked the errant dailies to produce evidence in support of their reports but they could not produce a shred. They tendered their apology which was turned down by the PCI and me both. Rightly so, the damage had already been done deep and indelible. The trauma and loss of standing in society that included judiciary also has been at times excruciating and unbearable pang.
The PressCouncil of India gave a verdict in my favour vide its order no.14/2-6/03-04-PCI dated 9.2.06 and reprimanded the above errant Patnanews papers.
On the sidelines of the above, I was harassed and illegally detained at various police-stations of Patna.Four false, one sided Cr PC 107 proceedings were initiated against me by same person. In one such proceeding I was arrested at mid-night. I made an elaborate complaint against the DIG and the Accountant General, to the NHRC. This time NHRC registered a case no. 1277/4/2002-2003/OC and sought report from the SSP Patna within six weeks. No report was submitted until 2008 that too after the CIC deplored the attitude of the NHRC. The order of the CIC in my case no. CIC /OK/A / 2007/00588 on 10-9- 2007 is reproduced hereunder:-
“The PIO stated that there were no entries available in the computer of having received different complaints purportedly to have been sent by the appellant during 1999 to 2002.
The Commission heard both the sides and noted that basically this was not a case regarding seeking of any particular information by the appellant. The case actually relates to an incident of trespass byPolice authorities on private property, regarding which the appellant hadlodged a complaint with the National Human Rights Commission sometime in2002. During the hearing, the respondents admitted that they had not been able to decide the issue as yet. Although it is not the concern of this Commission to make any intervention in the affairs of the National Human Rights Commission, it does share the concern of the appellant that a case which may have possibilities of physical violence could not be settled even after 5 years. The only consolation seemed to be that according to the respondents, the case had made substantial progress, and that it was likely to be settled soon.”
The NHRC did not take any step even after the above harsh comment by the CIC. When I got no reply from it I filed a fresh application under RTI Act to know the status of the case. This time the CPIO of the NHRC informed me vide letter no.RTI/1210 dated 29.2.2008 that the NHRC has closed the case no.1277/4/2002-2003/OC citing an absolutely wrong reason that the case 152/99 (as stated above) was pending before a Chapra court. This finding was on the basis of a false report of S.P. Saran.
The fact is that I had already been fairly acquitted in the above case with stricture on police six years back i.e on 2.9.02 itself. Now I seek an explanation from the NHRC on following questions:-
1. When the NHRC denied the receipt of all the complaints sent to it by registered post as well as by hand delivery (as stated above) in respect of the Masrak PS case no.152/99 then how it decided the complaint that too on a false reason?
2. When a copy of judgement dated 2.9.02 was sent to NHRC under registered cover no.3169 dated 24.9.02 that is six years back then why did it ask the S.P. Saran to report status of case no. 152/99 in 2008?
3. How could NHRC decide the case no.1277/4/2002-2003 related with Patna police on the basis of the case 152/99 which related to Saran police which was never registered with it?
4. What action did the NHRC take against the Saran S.P for filing a false report to it? Any sessions court judgment of a criminal case first goes to police.
5. Why did the NHRC take five long years to close the case on non-existent ground?
6. Why did the CPIO of NHRC kept on prevaricating (letters in my possession) on the issue?
7. What action has been taken against the officers of NHRC who bungled the whole issue to benefit the law-breakers?
I do hope the NHRC will answer the above queries honestly as its very credibility in people’s eye is at stake.
When I moved the Hon’ble High Court by filing Cr.WJC no.1090/08 against the above outlandish finding of the NHRC I was only in for a greater shock When the Hon’ble judge dismissed the writ petition on 01.05.09 relying on the wrong reasons advanced by NHRC. The Court ruled that as the case Masrak PS case no.152/99 was pending before a Chapra court therefore the writ is dismissed. It was contrary to para-20,21 and 23 of the writ petition which was not denied by the respondent DGP.
The above High court order was bad in law as per rulings of the Apex court on two counts
1. The writ was dismissed summarily in about 5-6 lines
2. There was error apparent on the face of the records.
The Hon’ble Court did not take any cognizance of the counter affidavit filed on 22.01.09 on behalf of the DGP Bihar and my rejoinder thereto filed on 28.4.09.
I was shell-shocked. This was an order of a court whose constitutional duty is to protect the fundamental rights of the citizens.
Now I have lost war to the delight of the corrupt and manipulative officers. I now can not afford to go to the Apex court. I am fed-up and disgusted.
E-mail: dr.vijaysinha@gmail.com
