Acquitted of rape in the 2016 gang-rape case, Wasim Malik, who remained in jail for 16 months prior to his acquittal, on Friday sought a Rs 20-lakh compensation for being falsely implicated by the police. The Punjab and Haryana High Court on Friday issued notice to the Chandigarh Administration and the police on the petition filed by Malik through advocate Hari Chand Arora. The case will be heard on October 31.
“Wasim Malik has alleged that he was arrested by the respondent police officials on 17.12.2016 in a rape case registered in Industrial Area Police Station on 13.12.2016 against unknown persons, without any reason, and just in order to improve its sagging image before citizens of Chandigarh and to claim that it had immediately solved the rape case registered against some unknown persons,” said Arora.
The notice has also been issued to ASI Parminder Singh, Constables Satish Kumar and Ravi Parkash, ASI Babita and SI Jaiveer Singh in the writ petition for their response. UT Police, in its chargesheet, had said that Malik was arrested on the basis of his similarity with the sketch of the accused circulated on the basis of description of his face by the rape victim and the intelligence report received by it.
“Before arresting the petitioner, police did not verify the location of his mobile phone, nor were the CCTV footage of cameras on the roads on which the real accused had driven the three-wheeler to the site of the crime, been examined by police,” said Malik’s counsel.
Malik also alleged in the petition that certain police officials even raided his house on August 1 and kept him and his family confined at Sector 61 Police Post, Chandigarh. “He was allowed to go back only at 4 next morning,” said his counsel in the plea, adding that the police should be restrained from harassing his client.
Arora further stated that Malik and his family members had been through untold sufferings during that harrowing period of 16 months. “He and his unmarried sister have suffered a social stigma at their young and marriageable age. They have incurred a lot of expenses in the case, by borrowing from friends, relatives and outsiders. He also had to sell out the mini-van to arrange litigation expenses,” said Arora.
The real accused, Mohammed Irfan and Kamal Hassan, were arrested in March this year in the gang-rape case after which Malik was granted bail by the court. The Central Forensic Research Laboratory had also excluded Malik as a perpetrator in crime on the basis of evidence analysis.
“He has expressed grievance that despite the report from CBI CFSL, having been received on 9.6.2018, and real accused persons having been arrested in March 2018, Chandigarh Police moved an application for withdrawal of prosecution against the petitioner much later in July 2018, leading to his acquittal on 20.7.2018,” said Arora in the petition.