Summary
I, Karma Wangchuk, am student from Bhutan and for the past many years been residing and studying in New Delhi, India. I belong to a family, who are into hotel and lodging business at the capital city of Bhutan, Thimphu. My mother instructed me to look for Kulfi Making Machine, Chicken Grill Machine, Shawarma Grill and Kebab Grill Machine for the purpose of being used in the expansion plan of our hotel.
While looking for the machines, I came across one Syed Ali and his two friend Adil Khan & Gullu. The said Syed Ali quoted Rs. 57,000/- towards Kulfi making Machine and Chicken grill machine and the I made a payment of Rs. 46,000/- in four installments towards the advance payment. However, despite receiving money towards the machines, Syed Ali malafidely did not to deliver the machines to me. Moreover, Syed Ali conspired with Adil Khan & Gullu and under his instruction; Adil Khan contacted Manish Arora, who hapenned to be my landlord and gave him Rs. 10,000/- which Adil Khan was supposed to give to me, and opened my rented room on 17.02.2010 with a duplicate keys, that too in my absence and committed theft from my room. Thereafter, the landlord placed a new lock at the door. Resultantly when I came back from outside on 17.02.2010, I could not enter my own room and had to spend entire night in a nearby park. On that day, Adil Khan took away not only the cash memo issued by Syed Ali to me, but also taken away my various other personal stuff.
In this respect, I tried my level best to procure my own stuff at the personal level, however when I realized that I would not be able to succeed, I filed a complaint on 24.02.2010 with the Hauz Khas Police Station. Despite the clear cut case of theft was made out in the aforesaid complaint a SI , who was handed over the complaint to investigate, failed to register an FIR. After lodging the complaint my landlord started harassing me by instigating the bad character of the localities such as Deepu alias Dilip Bassi. Further, on 08.03.2010 when I demanded Rs. 10,000/- from Manish Chopra that Syed Ali had given to him, he framed me in false and fabricated case in connivance with his wife. In this respect, an FIR No. 85/10 was registered with the Hauz Khas Police Station under section 354/452/323 IPC. Pursuant to the said FIR, I was arrested without proper investigation and violating all the procedure established and laid down by the Hon’ble Supreme Court in catena of judgments. I was released from Tihar Jail on 17.03.2010 on bail.
After I was released on 17.03.2010 on bail, I kept writing to the superior authorities causing much annoyance to the SI . Therefore, Manish Chopra along with some friends of his, turned up at my room and threw all my personal belongings and only after the intervention of police, he allowed me to enter into my room. However, before that Manish Chopra had stolen some of personal stuff lying outside of the room.
I had sent off various complaints to the Police Commissioner and the SHO concerned, however much to my frustration no action was taken by them. On 13.05.2010, after filing fresh complaints with the Commissioner when I came back to the Masjid Moth area, a Constable saw me while making payment to the auto rickshaw driver and asked me as to where I was coming from. When he realised that I has made complaints to superior authorities about his senior collegue namely the SI in question, he called up him and intimated him about the same. Thereafter,the same Constable summoned me from Masjid Moth area and took me to Hauz Khas PS around 7:50 PM. Once I reached at police station, the SI in question started kicking and banging me that too in the open area on the ground floor. The SI had beaten up me so brutally that my legs got swollen and I hardly could walk. Thereafter, the same SI started showing to every police men in PS. The criminal deeds of his did not end to the extent of beating me. After beating me very badly, the SI took me to the first floor of the police station and inside the room allotted to and commanded me to open my pant. However, when I dared to refuse to do the same, he forcefully put the pant and my undergarment down and after folding the various complaints, which I was carrying along with me, tried to force into my anus. After failing in his efforts, the concerned SI forced me to keep the complaints inside my mouth and forced me to keep it till the next half an hour.
After that concerned SI brought me to the ground floor and forcefully paraded me to every police man present in the police station at that time and dictated me to say that I had put my complaints inside my anus and eating them now. Furthermore, the SI in question asked another SI and another constable to take their penis out and put it into my mouth, however both of them refused to do the same. Then SI in question asked the other SI to take a photograph of me in the “pants down and complaints inside my mouth posture”. However the said request was also refuted by the second. Failing in all his efforts of harassing and humiliating me further, the SI in question ordered me to go to the open area situated next to the reception and do sit up with clenching his both ears. I was forced to do the sit up for the next 20 minutes. Thereafter, the SI in question, who was standing at the reception, called me and paraded me to the reader room, mess and before a Sub Inspector . Further, the SI in question asked me to go to the Computer Room where some lady official were also sitting and repeat the same. It was vehemently rejected by me and the said thing did not go well with the SI and resultantly he further beaten me up. Therefore, having no option left with, I proceeded to the computer room, however somehow better sense prevailed upon the SI and stopped me from visiting the computer room.
After that the concerned SI again took me to the open area and started hitting me. While hitting he used to ask me as to whether I was feeling any pain and when I used to respond in affirmative, he used to beat me up further. Even my rosary was broken by him. While he was being given brutal beatings, the second SI, sarcastically and maliciously, remarked that in case, if I wished to deal with the concerned SI, I would have had to bring the entire Bhutan Army.
After some time the SI in question me to go to the reception and bring the keys of the lock up. Pursuant to the said direction, I brought the keys of the lock-up and thereafter I was locked up. On the next day 14.05.2010 one constable took me to AIIMS for getting MLC done at about 12:30 PM, however surprisingly no check up was done by the doctor present on duty despite the fact that there were bruises all over my body. In fact, the constable was carrying a hand written paper, written by the SI and simply got it signed by the said doctor on duty.
On 14.05.2010, two Constables took me to Special Executive Magistrate Court, Vasant Vihar around 3:30 PM. In the SEM Court I put forward my grievance of not being allowed to speak with any members of my family or any friends of mine for that matter, however the Ld. SEM did not take any notice of the same and sent me to the Tihar Jail. When I appeared before the SEM, I was visibly in pain and hardly could walk due to the beatings given by the SI in question, however despite demanding from the Ld. SEM for getting MLC done, she did not pay heed to my requests. It is pertinent to state that at no given point of time I was made aware about the reason behind I being arrested. It is only after my counsel inquired from the concerned SEM Court, I came to know that the police has filed a Kalandara under section 107 read with 151 of Code of Criminal Procedure purportedly on a complaint made by the autorickshaw driver, whom I hired on 13th May, 2010.
Till date all the items/personal belongings of mine; taken away by the said Adil Khan in connivance with Syed Ali & Manish Chopra, has not been recovered by the police despite making various representations causing great hardship to me. Further, Manish Chopra (Landlord) has also not returned the books and items of personal use etc. taken away on 26.03.2010. Further, all the above named persons have hatched a conspiracy and in connivance with each other harassed and humiliated me and grossly affected my basic human rights to be treated in a humane manner.
