Sub: Forgery/tampering of Saroornagar Women Police Station General Diary to cover up illegal detention, custodial torture and harassment of law-abiding citizens
Sir,
I, Challa Uma Gayathri and my brother, Challa Anil Kumar were picked up by the Saroornagar Police (male constables) on the night of 28 December 2005 at 9:15 p.m. from my uncle’s house in Chaitanyapuri, in the name of counselling, at the behest of my sister-in-law, Pappu Malathi.
I submit that my brother and I were illegally detained in the police station by the then CI, M. Chandrasekhar without informing us about the reasons for detaining us.
I submit that M. Chandrasekhar and his subordinates put us through severe verbal and mental harassment and prevented us from seeing our father who was critically ill in the Care Hospital, Secunderabad.
It must be noted that there was not a single female constable on duty on the night of 28.12.2005, as is evident in Page 136 of the General Diary of the Women Police Station, obtained along with the letter (Ref: No.154/41/DCP-LBNR/CYB/2008 dt 12.08.2008) sent by the Public Information Officer in response to my RTI application (Ref: Ed.No.54/2002/g1/RTI/Cyb/2008 filed on 10.07.08).
I submit that my father passed away on the morning of 29.12.2005, and SI G.Sunitha, who assumed duty in the morning, bullied us in the name of questioning and in spite of cooperating with her in every manner possible, she subjected us to unbearable mental torture by not allowing us to go and see our own father’s dead body. She demanded that we handover our passports to her and since we did not have them with us, she refused to let us go.
I submit that the Saroornagar Police mercilessly kept us in police custody until around 4:00 p.m. on 29.12.2005, before escorting us to the Court for obtaining bail. By the time we were released on bail it was close to sunset and no matter how much we hurried, we could not get a glimpse of my father’s body or even attend his last rites.
I submit that a chargesheet was filed by G. Sunitha on 30.01.2006 against me and my brother, in the II Metropolitan Magistrate Court, Rangareddy Dist.
I submit that Pages 136 and 137 of the General Diary of the Women Police Station obtained along with the RTI response (Ref: No. 154/41/DCP-LBNR/CYB/2008 dt 12.08.2008) indicate that SI Sunita proceeded to rest at 20:00 hours on 28.12.2005. However, the typed response states:
As per the arrest report, Smt. Uma Gayathri Challa was taken into custody by Woman SI Sunita on 28-12-05 at 2230 hours at Chaitnyapuri.
and
The woman Sub-Inspector Kum. Sunitha of women PS, Saroornagar arrested the accused and she made sign on the arrest memo.
I submit that I filed another RTI Application (Ref: Ed.No.09/Endt/G1/RTI/Cyb/2009) on 20.01.2009, and the response (Ref: No.34/Rr/DRP-LBNR/CYB/2009 dt 25.02.2009) was accompanied by the copies of the extract of the General Diary of Saroornagar Women PS from 26.12.2005 to 31.12.2005. It may be noted that Page No. 136 in this copy shows new entries at 21:30 hrs and 22:15 hrs regarding Crime No. 1125/05, in G. Sunitha’s handwriting.
I submit that G. Sunitha had resigned her job and left the Police Department on 01.03.2007 (Ref: No.74/G1-High/ACP-SNR/CYB/09 and No.101/G1/H/DCP-LBNR/CYB/09), and it is clear that after I began my active pursuit to bare the facts about our case in year 2008, and while she was working as an Asst. Audit Officer at the Directorate of State Audit, Hyderabad, G.Sunitha indulged in forging of Police Records in an attempt to cover up her misdeeds. A visual examination of the handwriting, content of the entries, and the dates of my RTIs and responses received, reveals that G. Sunitha, who was no longer in police service forged police records of a case whose trial was underway and in which her testimony was due.
I submit that SI G. Sunitha in her oral testimony in the XIV Metropolitan Magistrate Court stated under oath as follows:
On 28/12/2005 at 21:15 hrs I took up investigation. I was physically present when I received the file for further investigation. I do not remember whether I made entry in the G.D. about receiving of this file. It is true that it is mandatory it is enter in the G.D. when ever we received a file for investigation. I started investigation immediately after receiving the file.
I personally did not apprehended the accused but personally I don’t know who apprehended the accused. On the same day i.e. on 28/12/05 at 22:30 hrs the accused was apprehended. I have instructed the subordinates to apprehend the accused.
I submit that when G. Sunitha was confronted with the FIR, which did not bear the signature of any Investigating Officer, she said that the FIR was filed by CI M.Chandrasekhar.
I submit that the FIR, which is a crucial document in a criminal case, was not signed by any Investigating Officer, and the same has been brought to the notice of the DGP Sri. S.S.P. Yadav on 24.09.2009 mentioning that M. Chandrasekhar was deliberately avoiding receipt of repeated summons and thereby avoiding appearing in the court to testify in our case and explain the unsigned FIR.
I submit that a complete trial spanning 4 years was based on an unsigned FIR and it was concluded on 09.11.2009 with an order of acquittal given to me and my brother.
I submit that my brother and I cooperated with the law enforcement and the judicial system at every stage beginning our detention on 28.12.2005, only to be harassed and humiliated and have our basic rights violated by the Saroornagar Police.
I submit that complaints on celebrities and influential persons are treated with utmost care, investigation to ascertain facts is given great importance, and in almost all cases arrest is avoided, whereas, individuals like my brother and myself, who are ordinary law-abiding citizens are abused, threatened, blackmailed and arrested in gross violation of our Constitutional and Human Rights. I quote from the testimony of SI G. Sunitha the following statements:
I have not put any efforts to examine any relatives of either side to know actual crux of the dispute. I don’t remember except recording of these two statements on 29/12/05. whether I have done any investigation or not I don’t remember.
I would like to point out that:
CI M. Chandrasekhar has indulged in –
· Dereliction of duty
· Dragging a woman to the police station after sunset, with no women police personnel on duty
· Illegal detention
· Custodial torture
· Blackmail
· Criminal intimidation
G.Sunitha has indulged in –
· Dereliction of duty
· Illegal detention
· Custodial torture
· Blackmail
· Criminal intimidation
· Perjury
· Forgery and tampering with Police General Diary
I urge your good self to please initiate appropriate action against M. Chandrasekhar and G. Sunitha, and ensure that such instances are not repeated in any of the police stations within your jurisdiction.
Sincerely,
Uma Gayathri Challa
Enclosed:
1) FIR - Case No. 1125/05
2) The 2 statements recorded by SI G. Sunitha U/s 161 of CrPC
3) Chargesheet - CC No. 232/2006 (CC No. 768/2009)
4) Application under RTI Act dtd 10.07.2008, Ref: Ed.No.54/2002/g1/RTI/Cyb/2008
5) RTI response dtd 12.08.2008; Ref: No.154/41/DCP-LBNR/CYB/2008
6) Application under RTI Act dtd 23.08.2008; Ref: Ed.No.70/Endt/G1/RTI/Cyb/2008
7) RTI response dtd 27.09.2008; Ref: No.154/G1/H/DCP-LBN/CYB/2008
8) Application under RTI Act dtd 20.01.2009; Ref: Ed.No.09/Endt/G1/RTI/Cyb/2009
9) RTI response dtd 25.02.2009; Ref: No.34/Rr/DCP-LBNR/CYB/2009
10) Application under RTI Act dtd 01.03.2009; Ref: Ed.No.27/Endt/G1/RTI/Cyb/09
11) RTI response; Ref: No.74/G1-High/ACP-SNR/CYB/09 and No.101/G1/H/DCP-LBNR/CYB/09
12) Testimony of SI G. Sunitha given under oath in CC No. 232/2006 (CC No. 768/2009)
13) Letter addressed from Challa Uma Gayathri to the Director General of Police informing regarding unsigned FIR and CI M. Chandrasekhar avoiding appearance in court.
14) Testimony of CI M. Chandrasekhar given under oath in CC No. 232/2006 (CC No. 768/2009)
The letter has reached
1) The President of India
2) The Prime Minister of India
3) The Union Home Minister
4) The Union Home Secretary
5) The Governer of AP
6) The Chief Minister of AP
7) The Home Minister of AP
8) The Home Secretary of AP
9) The Director General of Police, AP
10) The Commissioner of Police, Cyberabad, AP
