KSHRC orders PSI to pay compensation of Rs 75,000 to ‘chair stealer’ Japanese national

KSHRC chairperson Justice DH Waghela also asked the authorities to issue appropriate guidelines to police officers for dealing with cases involving foreign nationals or illiterate persons. “The state government should consider disciplinary action and recovery of the amount, required to be paid by way of compensation as aforesaid, from the PSI,” the order copy read.

Speaking to indianexpress.com over the phone, Tanaka, who is now in Japan, said that he was happy with the KSHRC order. He added that he would come back to India to file a criminal case against Hanumantharayappa and also reunite with his girlfriend, whom he had missed for more than a year.

“I am happy with the commission’s decision. I wanted justice and I fought for it. I was unable to come to India as I have started a new job here. As the case has now reached a logical end, I am going to come to India and will file a case in the court against police brutality,” said 32-year-old Tanaka. Advocate Rohan Kothari represented Tanaka in the case.

Also Read: The incredible reason why a Japanese student stole Bengaluru ACP’s chair

It all started in 2019 when Tanaka came to Bengaluru to learn English and enrolled in a coaching centre. However, he was detained after a false case was filed against him but later a court quashed the FIR. Disappointed with the experience, Tanaka filed a complaint before the KSHRC in December 2020. He alleged that Hanumantharayappa had harassed him and due procedures of law were not followed.

Days after he filed the complaint, his visa expired and the police prepared to deport him. Then in March last year, Tanaka went to the JC Nagar ACP office and took a chair to his house, and clicked pictures of his ‘crime’. He later said that he took the chair so that a case was initiated against him and he got an opportunity to continue to stay in India in order to fight the complaint he had filed before the KSHRC.

The chair stolen from ACP office.

However, police officials did not register a complaint over the removal of the chair but issued a notice to him to leave the country as his visa term had expired. On March 3, he was sent to a detention centre for overstaying in India and was later deported to Japan.

Tanaka had alleged that the police had picked him up from his residence while probing the now-quashed FIR. He added that his documents like passport, credit cards, debit cards, cash and mobile phone were also taken away and he was not provided with an opportunity to speak with his family members or even the Japanese consulate. He also said that he was not provided with medication even though he suffered from Attention-Deficit/Hyperactivity Disorder.

While hearing Tanaka’s petition, the Commission said, “It appears that police officers concerned failed to follow the procedure.” It, thereafter, added, “The PSI of RT Nagar police station was permitted to register the crime and to investigate the matter under IPC 323, 506 in the Non-cognizable report against the accused. So clearly there is no order by the court for arrest of the petitioner as seen in the intimation given to the PSI nor was there any warrant for arrest.”

“The arrest of the complainant was clearly illegal and without authority of law by the then PSI Hanumantharayappa. The commission in detail leads to the conclusion that no proper procedure was followed in this case. And the arrest and detention of the complainant was illegal and violated his human rights. Hence, it is necessary to compensate the complainant for the illegality committed by Hanumanthrayappa who was expected to protect the law and order and safeguard the rights of the people,” the order read.

The Commission has given a month’s time to the government or the authority concerned to submit its reply and also to report to it the action taken or proposed to be taken in the matter, the order said.