Bullying (female) Shimla cop allegedly threatens youth with fake cases for objecting to her misconduct
SHIMLA-Maintenance of law and order can only be attained when both law enforcement agency and public co-operate with each other and share a friendly relationship. The police officers, who abuse citizens, erode public confidence in law and government. It only makes the job of honest and well mannered police officers harder. Entire police department shares the credit when they perform well. Likewise, one unmannered and misguided cop is enough to bring embarrassment to entire institute.
Himachal Watcher had published a compilation of videos and reports showing how work culture of Shimla Police is going through eerie transformation since the joining of Mr. DW Negi as Superintendent Police. The SP as well as a particular section of police staff, following the footsteps of their leader, have undertaken task to assist judiciary by being both law enforcement agency as well as judiciary.
Also Read: Shimla Police SHO alleged of beating and abusing informer, locals approach higher officials seeking action
They set up Kangroo courts of their own in public places. However, this dual role, that of an unqualified judge and insensitive policeman, has led to a form of unnecessary mental and physical harassment to public.
So far, male staff including HPS officials had demonstrated misuse of the power vested in their uniform, and were even spotted drunk, creating nuisance. But now, as per the account given by a Shimla youth, some female cops have also joined the bandwagon and adequately complement the current trend in police in the capital. The particular female cop to whom we have referred in this case is allegedly a serial offender. Different sources have recalled similar treatment on encounter with this lady. From bullying drivers to drop her home to setting kangaroo courts, there have been many instance of similar misconduct from this cop.
Before dwelling over account given by the youth, Himachal Watcher again emphasize that we acknowledge the fact that not all police officials are unworthy of wearing uniform. The job of police is one of the most challenging, psychologically stressful and physically hectic and we are grateful for their services.
There are honest and dedicated policemen who discharge their duty within defined legal, moral, and ethical limits. Here, the motive is not to defame the Himachal Pradesh Police Department. The motive is to highlight the “bad fish” that are bringing bad name to Himachal Pradesh Police Department.
In capital Shimla, this misguided section of police staff is enjoying liberty from obligations to their duties, respect to law while discharging their duties, and discipline has become a mockery for them. These “bad fish” mostly include those recruited on approach, by cheating in exam, or paying heavy bribes despite being unworthy.
Before you read the narration of police conduct while dealing with a youth, who recalled it as a wound to his and his father’s dignity and self-esteem as citizens of the state, do read guidelines and rules laid down for police staff while discharging their lawful duty under the Himachal Pradesh Police Service Act 2006, Police Act 1861 (including amendments), and most important, the directions of the Supreme Court. In India, the conflict between Human Rights Commission and police is the result of manipulation and misuse of powers provided to police.
Rule of Law Must Prevail
According to contents of these Acts and SC directions, no one is above law, not even police or judges themselves. Rule of law and justice must prevail in democracy to maintain healthy social environment and equality to all citizens. It is the court who is authorized by law to undertake the job of establishing guilt of an accused and, if found guilty in fair trial, sentencing the offender to a penalty or other punishments prescribed under Constitution of India. In simple words, even the judges can’t arbitrarily decide punishment. Rather, they are, too, bound to adhere to what is prescribed in law for a particular offence.
The directions from SC further emphasize that in securing the observance of law or in maintaining order, the police should, as far practicable, use the methods of persuasion, advice, and warming.
Further, according to Supreme Court’s guidelines to the entire institution of police in India, police should always be courteous and well-mannered. They should be dependable and impartial. They should possess dignity and courage and should cultivate character and the trust of the people.
In matters of use of physical force, the directions say that, when, the application of force becomes inevitable, only the irreducible minimum amount of force required under the circumstance should be used.
Limitation on Powers of Police
Police is directed to discharge its duty strictly in the way the law lays down and not any other way. They cannot act just as they wish or want to. Any abuse of power or negligence of duty will amount to a breach of discipline, civil wrong or a crime and the officer is liable to be punished.
In fact, because police officer is a person entrusted with upholding the law he/she should be punished more severely for breaking it, says SC directions and the Police Service Act.
A Shimla youth approached Himachal Watcher and told his alleged horrific experience during an encounter with a female cop accompanied by two other cops. The youth was left bewildered witnessing live demonstration that female police staff has far more power to victimize people to defend their ego. And this is because she is a female and threats like fake case of misbehavior is quite effective in deterring will of people who dare to object to their mistreatment or demand due respect for their constitutional rights.
As per the youth, who is (indeed) an educated and aware citizen, out of habit, used “English Words” while raising objections against police misconduct. But, the cop counted it as her insult and declared it punishable under rules of her own. She denied providing information to the complainant when he asked her to show her nameplate.
Faced with educated people who are aware of their rights and limits of police powers are headache for miscreant cops. From the allegation, it appears that this female cop serving in Shimla Police do not hesitate to create scenes on one of the most hateful themes – misbehavior with a female by a male in a male-dominated society. It’s a crucial matter and superior officials of the HP Police Department must take note of it.
As alleged by the youth, who is resident of Shimla, on Thursday afternoon at around 2:00 ‘O’clock he drove his car to the Secretariat at Chotta Shimla. While waiting for his father’s return from the Secretariat, he parked his car on roadside near Vishal Mega Mart. He was sitting in the car, waiting for his father’s return when three female cops arrived and smashed challan book on his bonnet, he alleged. The youth, as everyone usually does, appealed them not to challan as he was ready to move the vehicle. He also pleaded that he is a local and was aware as well as careful about not creating obstruction to traffic.
The response from one of the cops, in exact words, was reported by youth to be following:
“Kya Matlab hai local Ka! Local ho to kuch bhi karoge?”
(क्या मतलब है लोकल का! लोकल हो तो कुछ भी करोगे?)
The youth further pleaded that he was present in the car keeping in mind the traffic trouble Shimla faces. The youth (sadly) talked about his right to at least one warning before initiating official action or issue challan. The reply from cops, as per the yout, was
“Tu law sikhayega merko? Tu hai kon?”
(तू लॉ सिखायेगा मेरको? तू है कौन?)
Second cop added, “SHO Sahab aane wale hain tun yahi reh, Tujhe wo khud batayenge!”
(साहब आने वाले हैं तूं यही रह, तुझे वो खुद बताएँगे)
To avoid all such trouble, “I immediately started my car and tried to move it,” said the youth. “She put her hands on my car keys and attempted to snatch them from me,” he further alleged.
When the youth objected to it and said that they can challan him but cannot snatch the car key in such rude manner, the cop said “Isko ander karo. SHO aur SP sahab ko phone karo.”
(इसको तो अंदर करो! एसपी साहब को फ़ोन करो!)
One of the cops called the SHO, who advised him to be silent and to not argue with (female) cops. The SHO Mr. Negi was polite and suggested me, “Is constable ke sath behas na karo! Aap museebat me pad jaoge”
(इस कांस्टेबल के साथ बहस न करो! आप मुसीबत में पड़ जाओगे)
Meanwhile, my father arrived at the scene and requested them to not complicate the matter. However, the female cop did not stop.
“Battameez saala! Thappad maarungi tujhe (बत्तमीज़ साला! थप्पड़ मारूँगी तुझे)),” she continued in a highly uncivilized language, alleged the youth.
The youth objected, “Ma’am, I am not a murderer or a thief that you are talking to me like this. Her language further degenerated. “Saale tu to shakal se he gunda lag rha hai (साले तू तो शक्ल से ही गुंडा लग रहा है),”she started shouting publically.
When the youth objected to defamatory comments and warned the cops that he would file a complaint to superiors regarding such misbehavior and mistreatment while on duty, she said,
“Ander karo isko ! Thaane le chalo! Gaadi ko clamp karke thaane le chalo ! Isko aaj sabak sikhate hain!” (अंदर करो इसको ! थाने ले चलो! गाडी को क्लैंप करके थाने ले चलो ! इसको आज सबक सिखाते हैं)
“Ye angrejji kisi or ko mariyo jo dar jaaye tujhse ! Merko ni sunani!”, she kept shouting. (ये अंग्रेजी किसी और को मारियो जो डर जाए तुझसे! मेरको नी सुनानी)
When the youth asked the cop to show her name plate as he wanted to file a complaint name, the cops said, “Kya karega naam se tu? Nahi batati kar le jo karna”! ( क्या करेगा नाम से तू? नहीं बताती कर ले जो करना)
The father of the youth consistently requested to them to stop bullying and making false allegation. He told him to take move the car on which the youth drove the car towards Navbahar, said the youth.
“After 15 minutes, when I was on my way back towards Chotta Shimla, the cops started shouting something as the car passed by. I stopped the car so that I could hear them clearly,” the youth further told.
The youth decided to stop at the Chota Shimla Police Station to complaint regarding the mental harassment to which he was exposed by female cops.
The SHO Mr.Negi paid attention to his complaint and offered to to him and his father. However, he again adviced him, “Apko nahi behesna chahiye! Ye jo bhi bol rahe hain chup chap sunte or nikal jaate!” (आपको नहीं बहसना चाहिए! ये जो भी बोल रहे हैं चुप चाप सुनते और निकल जाते!)
“Agar ye apki kuch galat report kar dete being ladies to ap kya kar loge. Lady bolde k mere kapde faad diye to samjho aap to samjho aap fans gaye,” the SHO said with concern. (अगर ये आपकी कुछ गलत रिपोर्ट कर देते बीइंग लेडीज तो आप क्या कर लोगे! लेडी बोल दे क मेरे कपड़े फाड़ दिए तो समझो आप तो समझो आप फंस गए!)
The youth pleaded that he is a responsible citizen and there is no history of involvement in any sort of anti-social activities or crimes and that he doesn’t deserve such treatment from police.
Meanwhile, the three cops entered the police station and created hue and cry and made false allegations of misbehavior along with other serious allegations.
When the youth objected and tried to defend himself, the female cop threatened, “Ek Thappad marungi tujhe… (एक थप्पड़ मारूँगी तुझे)
To the SHO, she boasted, “Maine to maar bhi dena tha ! Ye to in dono ne mujhe rok liya nai to main nai darti kisi se” (मैंने तो मार भी देना था ! ये तो इन दोनों ने मुझे रोक लिया नै तो मैं नै डरती किसी से)
“Eventually, I was left with no alternate but to apologize to the cops. I confess it was the most fake apology I ever made in my entire life. My conscience didn’t allow me to speak the words of apology, but watching my father getting distressed, I did it,” the youth said.
While, we mere report the narrative provided by the complainant, there is no doubt about it that some miscreants in uniform have earned bad name for Shimla Police as well as for HP Police Department.
Lack of worthy leadership is leading to degrading and despicable practices in police functioning, which are condemnable in strongest terms. Police is supposed to discharge their duty without fear or favour, malice or vindictiveness. The cops are supposed to make citizens feel safer. The police must not resort to mistreatment and bullying. When a citizen, irrespective of his economic or social status, raises objections or reminds cops of his/her rights as citizen of a democratic state, the police must not count is as their insult. Police must maintain respect for individual dignity of every citizen unless and until the situation doesn’t require impolite, harsh measure. We also urge the people to co-operate the police in maintain law and order in the society.
A copy of this complaint will be forwarded to the superior officials of the HP Police department to take note of “bad fish” threatening police’s reputation and trust in people.