Yesterday 2 constables from the Karnataka police along with 2 constable from the local Mumbai police station landed up at my colleague, Pat's house. And they had a arrest warrant. A non bailable arrest warrant. The charges were quite serious.
Section 323 - Voluntarily causing hurt
Section 341 - Wrongful restraint
Section 506 - Criminal intimidation
The story began almost a year ago. Pat is a nice, gentle young boy who doesn't raise his voice even during a debate or disagreement. His sister was engaged to get married to a boy. A lady, Jill claiming to be his wife started calling, threatening and harassing my colleagues family. They tried reason and that she should take it up with her alleged husband. But to to no avail. They avoided receiving her calls. Until one fine day, Jill turned up at our office. She told the company management the exact same thing and wanted the company to take action. She was given a patient hearing and then politely asked to leave. But she did not leave. She collected a group of people near the gate and started screaming and abusing him. Not knowing how to handle this, he called a few colleagues who went to be at his side. She disappeared. Only to return with 2 police who took my colleague to the station. A few others went there to offer their support.
At the police station Jill made several allegations about that evening. Which by no stretch of imagination could be true, since Pat was with us in office, working. Fortunately Jill also alleged that he had made several harassing calls to her. Luckily the cops had the presence of mind to check her mobile as well as that of Pat's. And found that several calls to Pat had originated from Jill's mobile, but not a single one from Pat to Jill. This was enough for them to disregard her story, and as required by law, file a NC or what is a non cognizable complaint.
The cop was a nice guy and he warned Pat, that the law in India was strict and clear. Any allegation by a woman of any kind of harassment leads to immediate arrest. The police apparently have no discretionary powers. Pat was hopeful that the worst is over and that life will go on. Until yesterday. When 4 cops along with Jill land up at his home.
And the charges were the exact frivolous ones, where you need no evidence. The fact that Jill and Pat did not even live in the same city, leave alone neighborhood does not seem to have made a difference to the law or its so called guardians.
Once we heard from Pat, we called up friends, lawyers and anyone else we thought could help. A friend recommended a lawyer. I spoke with him and he reassured me that these were bailable offenses. And Pat should insist that they take him before a magistrate, who will grant him transit bail. In other words, let him go free on the promise that he will appear when required in a Karnataka court. The police who had taken him to the local police station wouldn't listen. They insisted he needed to travel to Karnataka and be produced before a magistrate there.
We tried several people, who spoke to the police, the lawyers and others who could help or had some information. Finally it was all in vain and Pat was taken to Karnataka.
The lawyer I spoke to said some extremely interesting things. Apparently the alleged crime for which he was being arrested was not appearing in court when summoned. And this is when it gets tragic. Apparently this is only the the 4th step. The law required that initially a summons be sent. And then a 2nd summons. And then a bailable warrant. And finally a non-bailable warrant.
Its thought provoking to note that none of the above ever reached Pat. They have coincidentally disappeared. And Jill along with the police were able to locate Pat only when the non bailable warrant kicked in. How convenient.
During my various phone calls and discussions, my 2 daughters who were at home were listening in. And were concerned since they knew Pat. After it was all over, they asked me to explain the issues. Which I did. And like me they felt the system SUCKED. And was unfair. And ...
My daughter Freia asked me a thought provoking question. Is it the same in all countries. And that started me thinking. What was the difference between countries like India and say countries in Europe, US or Canada. And my feeling is that the consequences of filing false complaints is huge and possibly unaffordable. If Pat and Jill were there, Jill would need to think a few hundred times, before cooking up a cock and bull story.
In India, there is no case or downside for Jill, even if finally Pat is pronounced innocent in a court of law. Pat has no legal or civil recourse against Jill. And so Jill and people like her misuse the law to get what in their mind may be justice or revenge or ... While people like Pat, go through hell, for no fault of theirs.
All of here hope and pray that this ordeal will soon end and that Pat will be back where he belongs. Amongst his friends and well wishers.
And that sooner rather than later, the law will change making it a serious punishable offense to harass the innocent.
* The names have been changed to protect the identity of Pat and Jill
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