Kyunki Balaji scriptwriter was tortured
State human rights body awards Rs 20,000 compensation to Rekha Modi, who was accused of making threatening calls to Smriti Irani. The amount will be deducted from the salary of the then investigating officer
Ruhi Khan
The Maharashtra Human Rights Commission (MHRC) on Wednesday ruled in favour of Rekha Modi, the Balaji Telefilms scriptwriter who was alleged to have made threatening calls to Bharatiya Janata Party leader and television actress Smriti Irani. The MHRC has asked that the government pay her Rs 20,000 as compensation for violation of human rights.
On March 25, 2005, the Oshiwara police arrested Modi and real estate agent Rashmikant Kapadia, 28, following a complaint filed by Irani who said the two were making threatening and abusive calls to her.
Modi claimed she was 'tortured' by the police. In a complaint filed to the MHRC after she was released on bail on June 23, 2005, Modi said she was 'illegally' called to the police station, where male police officers used a tyre-strip to whip her, forcing her to confess to a crime she had never committed.
Modi's counsel and former top cop, Y P Singh argued that the Oshiwara police had 'deliberately delayed' submitting the First Information Report (FIR) to the metropolitan court in Andheri; although the FIR was registered on March 15, it was submitted to the court only on April 2.
"Several illegal documents were prepared by the police to nail Modi and the delay in submitting the FIR to the local magistrate allowed for the possibility of manipulating it to suit the requirements of the case," the complaint said.
The MHRC has also ordered a departmental inquiry against the then assistant police inspector S Pingle, senior police inspector Manik Mate and assistant commissioner of police for 'violating Modi's human rights and for malafide intention in not sending the FIR to the magistrate the day after it was registered'.
Pingle now serves as a close officer to Deputy Commissioner of Police (zone IX) Amitabh Gupta, while Mate has been promoted to the post of assistant commissioner of police.
The order also stated that Modi be paid a compensation of Rs 20,000 by the government. The amount is to be recovered from Pingle by the government.
An elated Modi told Mumbai Mirror, "Although the events of last year cannot be easily forgotten, the MHRC order has helped soothe the pain."
"We will evaluate the legal implications of the MHRC order and if Smriti Irani is gracious enough to assume moral responsibility for the brutal devastation of human rights and publicly apologise to her, we may not pursue any legal charges against her," said Singh who also insisted that top cops should also publicly apologise for the "gravely illegal acts done by his officers on the complaint of a celebrity".
"Once we receive the MHRC order, we will investigate and depending on the report take the necessary action. We also have the option of an appeal," said Additional Commissioner of Police (West Region) Bipin Bihari.
Smriti Irani declined to comment on the issue.
MHRC's findings
• The delay in sending the FIR to the magistrate arouses suspicion
• To send an FIR to the magistrate 15 days after it was registered shows the malafide intent of the then assistant police inspector Pingle, senior police inspector Mate and assistant commissioner of police
• Police violated and disobeyed orders of the Supreme Court by arresting Modi without preparing an arrest memo in the manner required under SC directives
• The signatures of local witnesses were not taken in the panchnama
• After her arrest, Modi's relatives were not informed, contrary to the legal requirement
• Although bail was a matter of right for Modi, she was not granted bail by the police
• Modi was taken to the magistrate without granting bail and there, with the intention of tarnishing her image and damaging her dignity, she was paraded before the media
The MHRC order has helped soothe the pain, says Rekha Modi |
TV actress and BJP leader Smriti Irani had filed a complaint saying Rekha threatened her |