A month after a local resident was allegedly illegally detained and harassed at the instance of present ADC Tanvir Garg,the National Human Rights Commission has now taken cognisance of the incident. The NHRC has sought a report from the Senior Superintendent of Police (SSP),Chandigarh,about the incident within a period of four weeks.
The report has been sought after a complaint,alleging harassment and violation of human rights,was filed by advocate Pankaj Chandgothia. The lawyer,and also a social activist,had filed a complaint with the NHRC,New Delhi,against the then SDM East,Tanvi Garg,her gunman,her driver and Chandigarh Police seeking their suspension for manipulating the law and conniving with each other to deny the freedom of an Indian citizen and putting him in illegal detention for 21 hours,without there being any cognisable offence against him.
Vikrant Kumars vehicle had suddenly come in front of Gargs official car and even though there was no physical or verbal altercation,Vikrant was picked up from his residence in the evening and kept in custody overnight. A false case was registered against him under Section 107 and 151. Under Section 107 of the CrPC,the SDM can summon a person and ask him to furnish a peace/good behaviour bond. Such a person is not produced in fisticuffs or produced by the police, reads the complaint sent by Chandgothia.
He added that under Section 151,a police officer can arrest a person on apprehension of disturbing public tranquility,but if arrested,that person can only be bailed out by a judicial magistrate and not a executive magistrate. The very fact that the police left Vikrant after producing him before the SDM,shows that Vikrant was not formally arrrested. Thererfore,keeping him in jail from 7 pm on 17th April to 3 pm on 18th April amounts to unlawful detention and violation of Article 21 of the Constitution. It is also a human rights violation, the lawyer said.