Chandigarh

FALSELY IMPLICATED IN RAPE CASE WASIM MALIK SEEK 20 LACS COMPENSATION FROM CHANDIGARH POLICE, HIGHCOURT ISSUE NOTICE

September 14, 2018 05:56 PM

Chandigarh (Subhash Jindal)

Falsely implicated in a rape case, Wasim Malik of Chandigarh, on acquittal, seeks Rs.20 lakh as compensation from Chandigarh Police, Panjab and Haryana Highcourt issues notices for October 31st, 2018:

HC Bench of Justice Rakesh Kumar Jain today issued notices to Chandigarh administration, Home Secretary, IGP, SP, and (i) ASI Parminder Singh; (ii)Constables Satish Kumar, Ravi Parkash, ASI Babita, and Sub Inspector Jaiveer Singh, all of Chandigarh Police for 21.10.2018,in a Civil Writ Petition filed by Wasim Malik of Transit Housing Colony, Sector 52, Chandigarh.

Wasim Malik has alleged that he was arrested by the respondent Police officials on 17.12.2016 in a rape case registered in Industrial Area Police Station on 13.12.2016 against unknown persons, without any reason, and just in order to improve its sagging image before citizens of Chandigarh and to claim that it has immediately solved the rape case registered against some unknown persons. 

Highcourt Bench of Justice Rakesh Kumar Jain today issued notices to Chandigarh administration, Home Secretary, IGP, SP, and (i) ASI Parminder Singh; (ii)Constables Satish Kumar, Ravi Parkash, ASI Babita, and Sub Inspector Jaiveer Singh, all of Chandigarh Police for 21.10.2018,in a Civil Writ Petition filed by Wasim Malik of Transit Housing Colony, Sector 52, Chandigarh.

UT Police, in challan filed before the Court, claimed that petitioner was arrested on the basis of his similarly with the sketch of the accused circulated on the basis of description of his face by the rape victim, and intelligence report received by it. Before arresting the petitioner, the Police did not verify the location of his mobile phone, nor the CCTV footage of cameras on the roads on which the real accused persons had driven the three wheeler, to the site of crime, were examined by Police.

The Police got the petitioner identified by the prosecutrix as one of the accused persons. Later on, when on 13.3.2018 and 14.3.2018, the real accused persons, Irfan Mohammed and Kamal Hasan were arrested, they were also got identified by Chandigarh Police from her. “This is how Chandigarh Police utilised the rape victim as a tool in its hands” argued the CVounsel for the petitioner.

The petitioner had remained in Judicial custody for 16 months from 17.12.2016 to 9.4.2018, when he was granted regular bail by the Court of Poonam R. Joshi, Additional Sessions Judge, Chandigarh, in the light of a report received from Central Forensic Research Laboratory of CBI, Lodhi Road, New Delhi to the effect that “Wasim Malik is excluded as a contributor to the male DNA available on the exhibits”.

Prior to that regular bail applications filed by the petitioner were rejected up to High Court, in view of the heinousness of the crime of rape.. Another CFSL report had also come that Irfan Mohammed and Kamal Hasan were contributor in the crime of rape. He has expressed grievance that despite report from CBI CFSL, having been received on 9.6.2018, and real accused persons having been arrested in March, 2016, Chandigarh Police moved an application for withdrawl of prosecution against the petitioner much later in July, 2018, leading to his acquittal on 20.7.2018.

The petitioner has stated in his writ petition moved through his Counsel, Hari Chand Arora, that he and his family members have gone through untold sufferings during this harrowing period of 16 months. He and his unmarried sister have suffered social stigma at their young and marriageable age.

They have incurred lot of expenses on defending the rape case, by borrowing from friends, relatives and outsiders. He had also to sell out the mini-van (chhota hathi) for arranging litigation expenses. On the other hand, Chandigarh Police acted in an arbitrary manner, and implicated the petitioner in a false case of rape just in order to save its sagging image. The petitioner has therefore, prayed that the respondents are liable to be directed to pay him monetary compensation of atleast Rs.20 lakhs.

Petitioner has also alleged that certain Police officials raided his house on 1.8.2018, and kept him and his family in Police Post, Sector-61, Chandigarh, and allowed them to go back next morning at 4.00AM. He has therefore, prayed that the Chandigarh Police be restrained from harassing him in such manner.

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