Action u/s 97 gone haywire
Alipurduar is a picturesque place tucked away in the northern district of Jalpaiguri in the state of West Bengal. At 2500 sq. km, it is almost half the district of Jalpaiguri in term of area and has a population of over 14 lakh people. Peopled by different linguistic communities including a substantial tribal population, the mainstay of the local economy rests on the 66 tea gardens where a good number of local people including the emigrants from neighbouring Bihar and Jharkhand are employed. In fact, the tea gardens, even though a good number of them are sick, still continue to provide employment to a substantive number of people and thereby create demand for other sectors of the local economy.
It is surrounded on its north by Bhutan, on its east by Assam, on south by the district of Cochbehar and on its west by Sadar and Mal sub-divisions of Jalpaiguri. Very lush and beautiful place with very good scenic locales and forests, Alipurduar is one of the tourist delights in the state of West Bengal.
Even though the District Magistrate of Jalpaiguri is in overall control of this sub-division, the Sub-Divisional Magistrate is the actual guy who calls the shots locally as the 130 kilometres distance between Alipurduar and district headquarters makes SDM the de facto Collector in his jurisdiction for all practical purposes. Being one of the very important sub-divisions of the state, SDM is usually a direct IAS officer.
Ram Mohan joined as the new Sub-Divisional Officer at Alipurduar in the year 2004. Like every new regular recruit, he was full of energy, ideas and motivation to do something for the local society. As such, he was very pro-active and accessible to all. Soon, he endeared himself to the local people who responded very well to all his initiatives and activism. He would meet everyone and respond to all public complaints with alacrity and empathy.
It was against this background that one woman came crying to SDO with a complaint relating to the alleged kidnapping of her minor daughter by someone. She said that the kidnappers were the local residents of the Jaigaon Gram Panchayat area of the Kalchini Block of Alipurduar sub-division. She also said that the said kidnappers had the support of the Officer-in-Charge of the local police station.
The way the complainant woman narrated the entire episode, SDO was convinced that there indeed was a need for emergent action otherwise the girl might be in danger. Since it was an alleged case of kidnapping, there was a danger of the kidnappers moving out with the girl. So with very less time on hand and with no opportunity for verifying the veracity of the complaint, the young SDO, moved by her complaint, decided in favour of a quick action.
Since SDO himself did not have very good opinion of the local OC, allegedly a traveller of the gravy-train with all his fingers in the till, he decided in favour of a quick action to ensure that the kidnapped girl was immediately freed out of their clutches. So, SDO issued a ‘Search Warrant’ under section 97 of the Code of Criminal Procedure to have the girl freed from the wrongful confinement of her alleged kidnappers.
In the said ‘Search Warrant’, he directed the BDO Kalchini, the local Executive Magistrate, to recover the girl with assistance from the local police. As the OC was allegedly in cahoots with the kidnappers, the SDO feared that the OC might sabotage the entire rescue operation by helping the kidnappers flee.
It was the same OC who had once protested against the enforcement actions by the SDO and made insulting remarks. OC’s remarks against the SDO should be read with his frantic defence of the brothel-owners of Jaigaon during a raid by the same SDO following directions from the Commissioner, Jalpaiguri Division on a public complaint in presence of three other Executive Magistrates.
The OC had even tried to convince them to lighten the case against these brothel-owners by booking them under preventive sections – under 107 Cr PC and advised them to desist from such raids, as the same were not practicable because Jaigaon being a tourist destination, such brothels actually helped local tourism and SDO’s actions may negatively affect the nascent hotel industry. He also remonstrated against their enforcement actions by saying that they should not be conducting such raids without informing them.
It was against the background of this uneasy relationship between the SDO and this OC that SDO telephonically directed the BDO to first rush to the spot where the girl was alleged to have been kept in confinement and then send for the police force with a copy of the ‘Search Warrant’.
The BDO accordingly rushed to the spot as per direction and sent for the police help by sending the copy of the ‘Search Warrant’ to OC, Jaigaon through his driver. When the BDO reported to the SDO that OC had refused to receive the said warrant, the SDO talked to the OC directly and directed him to send for some police force to the spot where BDO was already stationed. Later on, the OC did send some constables to the spot, but he sent only male constables. As it was a search warrant for the recovery of a girl, he should have sent, at least, one female constable as well which he did not.
However, when the BDO found that the police was taking a lot of time in coming and when he was convinced that the girl was inside the house, he did not think wise to wait for the police force any longer. Fearing possible harm to the kidnapped girl, he decided in favour of entering the house with his staff members to rescue the girl. He found the girl inside, ensured her identity and ordered his men to take the girl to the police station.
As his men tried to take the girl out, the people inside the house/the alleged kidnappers made a lot of hue and cry over this. It was a complete pandemonium out there. As all this was happening, a lot of crowd congregated out there. By now it was clear to the BDO that it was not a case of kidnapping as the girl herself was resisting her being taken out. It was a case of consensual love marriage and elopement. The crowd, mostly neighbours, strongly disapproved of the BDO’s action, but BDO had an order to carry out and he saw to it that he did so. However, it would have been more advisable for the BDO to wait for the police force, enter the house along them and asked them to do the needful which he did not do owing to a judgement which was completely his own.
By the time they were all there at the police station, a big crowd was already there shouting slogans against the BDO. They gheraoed him and were in no mood to allow him to move out. They also wanted the girl back. Since it was already late in the evening (about 10 p.m.), so there was no way the girl could be produced in the SDM court.
In all this, the wily OC played a very villainous role. He not only was not kind with his words for the BDO, he did everything possible to incite the crowd against the BDO. He told the crowd that he had nothing to do with the developments in the instant case as it were the BDO and SDO who were answerable. He refused having been served any search warrant notwithstanding the fact the BDO had sent the same through his driver which he had refused and notwithstanding the fact that he did send some constables to the spot later pursuant to the telephonic instructions by the SDO.
While he should have taken action against the people who were obstructing the BDO in the discharge of his lawful duty, who was also his senior officer and the local Executive Magistrate, the OC made the situation worse and incited the crowd by making disparaging remarks against the BDO and SDO.
However, somehow things could be brought under control and everyone was home with the girl again going back to her in-laws with a promise from them to present the girl in the SDM court the next day. SDO was informed of the entire episode by the BDO after the incident got over peacefully. However, the next day the entire incident was splashed all across the newspapers and electronic channels with negative bias against the BDO.
The SDO was miffed with the way the press had reported the matter. They had found fault with the BDO, added untruths and made it a very sensational story. Going by the media reports, it appeared that that a demonical BDO pulled a pregnant girl by her hair and took her ruthlessly out of the house of her husband with whom she was legally married. They also quoted the OC about the latter not being informed about it all, that there should have been female constable before for carrying the girl to the police station and that there should be no enforcement after 6 p.m. where a woman is involved.
The media had quoted the OC pointing out these technical lacunae in the entire operation by the BDO. So, the SDO was furious with the conduct of the OC as well. SDO felt that whatever be the lacunae in the entire exercise, which the OC found, the OC had no business talking to the press against the BDO who was his senior officer. It was his duty as the local police officer and as a government servant to help his senior officer rather than inciting the crowd against the BDO and thereby further aggravating the situation. OC has shown himself to be very irresponsible by doing what he did.
The girl was produced in the SDM court the next day. During the hearing, the SDO got to know that it was a case of love marriage and that the girl had been staying there out of her own will. Even though SDO allowed the girl to stay with her in-laws, he fixed another hearing to settle the matter finally as there was no proof of marriage and there was also a dispute regarding the age of the girl. Though the girls’ mother did produce a school certificate whereby the girl appeared to be a minor, but the authenticity of the same was disputed by her in-laws. Hence, the need for another hearing was felt.
The girl, however, did admit to the SDO that she was no pregnant that she was not dragged by her hair by the BDO as claimed in the media. The young SDO did learnt a lesson that one should not be moved by any of the complainants’ tears the way he had been in the instant case deciding to take a quick action. But, the situation got murkier because of mishandling at many levels. It could have been a case of actual kidnapping and then SDO’s decision might have been seen in different perspective.
The SDO called a press conference the same day and let his displeasure know to the members of the media. He asked them as to whether they verified their facts before reporting that the girl was pregnant, that she pulled by her hair by the BDO, that the girl was a major, that she was a married girl, that the OC was not served the ‘Search Warrant’ and that it was OC who erred by not sending the female constables. He asked them that as to why did they not question OC’s role in all this, about his refusal to receive the ‘Search Warrant’, about his failure to send lady constables or his express attempt to incite the crowd against the BDO in the lawful discharge of his duty.
He asked them as to what should have been done by the SDO in case it would have been a true case of kidnapping as the SDO initially feared. In case it was all true as alleged, and had the SDO not taken prompt action, the girl might have been harmed. He told them that if the media continued with the reporting the untruths as they did, he would not feel encouraged to share/provide any news as they expected him to do. Such an approach also has a dampening impact on the administration going for prompt action in such cases, he told the press. The press acknowledged its mistake and many of them carried a corrective story the next day but for one which said that the SDO actually threatened the press in case they dared to carry more such stories in future.
The SDO sent a detailed report later to the District Magistrate including a report against the OC, Jaigaon recommending action against him. In his report, the SDO supported the action by the BDO, who was facing a very bad press and a negative campaign against him, even though the SDO did feel that somewhere the BDO mishandled the entire operation by way of his decision to enter the house to rescue the girl without waiting for the police.
The SDO brought the entire sequence of incidents to the notice of the DM and discussed the matter personally with him. He pressed for the transfer of OC, Jaigaon. The WBCS Association (West Bengal Civil Service Association) also met the DM and Commissioner about it all and similarly pressed for OC’s transfer. DM was also convinced and he took IG, North Bengal also into confidence, but finally nothing got going. It is learnt that OC, Jaigaon met the Commissioner, Jalpaiguri Division later and could convince the latter of his innocence. The Commissioner, therefore, is said to have directed the DM not to move against the OC any longer. In all this, the Commissioner did not deem it wise to consult and talk to the BDO and SDO who were the aggrieved parties against a junior police officer.
The DM later called the SDO and told him that matter has been sorted out. As per the compromise formula worked out between the DM and the SP, the OC would meet both SDO and BDO and apologize to them for his conduct. SDO had no way to remonstrate with him beyond a point. The OC did meet the SDO to apologize, but he met him in plain clothes as if to say that the uniformed officer was not guilty, though as a person he was willing to apologize. During his conversation with SDO, he appeared remorseless of his action on the D-Day.
The OC, however, never met the BDO for apologizing to him. IG, North Bengal who was still very keen on taking an action against the OC, later sounded the SDO as to whether he was still firm with his stand vis-à-vis the OC to which the latter replied in the affirmative. But, still nothing happened as there were many senior officers to oblige the said OC who is said to have been recommended for a bravery medal for his encounter escapades against the KLO (Kamtapur Liberation Organisation, a separatist organization active in North Bengal) militants and whose monthly income, from the unknown sources, was said to be upwards of Rs. 30 lakhs per month.
By:- Saumitra Mohan from IAS 2002 Batch. The case study is based on my experience when I was SDO, Alipurduar between August 2004 to February 2006.
Alipurduar is a picturesque place tucked away in the northern district of Jalpaiguri in the state of West Bengal. At 2500 sq. km, it is almost half the district of Jalpaiguri in term of area and has a population of over 14 lakh people. Peopled by different linguistic communities including a substantial tribal population, the mainstay of the local economy rests on the 66 tea gardens where a good number of local people including the emigrants from neighbouring Bihar and Jharkhand are employed. In fact, the tea gardens, even though a good number of them are sick, still continue to provide employment to a substantive number of people and thereby create demand for other sectors of the local economy.
It is surrounded on its north by Bhutan, on its east by Assam, on south by the district of Cochbehar and on its west by Sadar and Mal sub-divisions of Jalpaiguri. Very lush and beautiful place with very good scenic locales and forests, Alipurduar is one of the tourist delights in the state of West Bengal.
Even though the District Magistrate of Jalpaiguri is in overall control of this sub-division, the Sub-Divisional Magistrate is the actual guy who calls the shots locally as the 130 kilometres distance between Alipurduar and district headquarters makes SDM the de facto Collector in his jurisdiction for all practical purposes. Being one of the very important sub-divisions of the state, SDM is usually a direct IAS officer.
Ram Mohan joined as the new Sub-Divisional Officer at Alipurduar in the year 2004. Like every new regular recruit, he was full of energy, ideas and motivation to do something for the local society. As such, he was very pro-active and accessible to all. Soon, he endeared himself to the local people who responded very well to all his initiatives and activism. He would meet everyone and respond to all public complaints with alacrity and empathy.
It was against this background that one woman came crying to SDO with a complaint relating to the alleged kidnapping of her minor daughter by someone. She said that the kidnappers were the local residents of the Jaigaon Gram Panchayat area of the Kalchini Block of Alipurduar sub-division. She also said that the said kidnappers had the support of the Officer-in-Charge of the local police station.
The way the complainant woman narrated the entire episode, SDO was convinced that there indeed was a need for emergent action otherwise the girl might be in danger. Since it was an alleged case of kidnapping, there was a danger of the kidnappers moving out with the girl. So with very less time on hand and with no opportunity for verifying the veracity of the complaint, the young SDO, moved by her complaint, decided in favour of a quick action.
Since SDO himself did not have very good opinion of the local OC, allegedly a traveller of the gravy-train with all his fingers in the till, he decided in favour of a quick action to ensure that the kidnapped girl was immediately freed out of their clutches. So, SDO issued a ‘Search Warrant’ under section 97 of the Code of Criminal Procedure to have the girl freed from the wrongful confinement of her alleged kidnappers.
In the said ‘Search Warrant’, he directed the BDO Kalchini, the local Executive Magistrate, to recover the girl with assistance from the local police. As the OC was allegedly in cahoots with the kidnappers, the SDO feared that the OC might sabotage the entire rescue operation by helping the kidnappers flee.
It was the same OC who had once protested against the enforcement actions by the SDO and made insulting remarks. OC’s remarks against the SDO should be read with his frantic defence of the brothel-owners of Jaigaon during a raid by the same SDO following directions from the Commissioner, Jalpaiguri Division on a public complaint in presence of three other Executive Magistrates.
The OC had even tried to convince them to lighten the case against these brothel-owners by booking them under preventive sections – under 107 Cr PC and advised them to desist from such raids, as the same were not practicable because Jaigaon being a tourist destination, such brothels actually helped local tourism and SDO’s actions may negatively affect the nascent hotel industry. He also remonstrated against their enforcement actions by saying that they should not be conducting such raids without informing them.
It was against the background of this uneasy relationship between the SDO and this OC that SDO telephonically directed the BDO to first rush to the spot where the girl was alleged to have been kept in confinement and then send for the police force with a copy of the ‘Search Warrant’.
The BDO accordingly rushed to the spot as per direction and sent for the police help by sending the copy of the ‘Search Warrant’ to OC, Jaigaon through his driver. When the BDO reported to the SDO that OC had refused to receive the said warrant, the SDO talked to the OC directly and directed him to send for some police force to the spot where BDO was already stationed. Later on, the OC did send some constables to the spot, but he sent only male constables. As it was a search warrant for the recovery of a girl, he should have sent, at least, one female constable as well which he did not.
However, when the BDO found that the police was taking a lot of time in coming and when he was convinced that the girl was inside the house, he did not think wise to wait for the police force any longer. Fearing possible harm to the kidnapped girl, he decided in favour of entering the house with his staff members to rescue the girl. He found the girl inside, ensured her identity and ordered his men to take the girl to the police station.
As his men tried to take the girl out, the people inside the house/the alleged kidnappers made a lot of hue and cry over this. It was a complete pandemonium out there. As all this was happening, a lot of crowd congregated out there. By now it was clear to the BDO that it was not a case of kidnapping as the girl herself was resisting her being taken out. It was a case of consensual love marriage and elopement. The crowd, mostly neighbours, strongly disapproved of the BDO’s action, but BDO had an order to carry out and he saw to it that he did so. However, it would have been more advisable for the BDO to wait for the police force, enter the house along them and asked them to do the needful which he did not do owing to a judgement which was completely his own.
By the time they were all there at the police station, a big crowd was already there shouting slogans against the BDO. They gheraoed him and were in no mood to allow him to move out. They also wanted the girl back. Since it was already late in the evening (about 10 p.m.), so there was no way the girl could be produced in the SDM court.
In all this, the wily OC played a very villainous role. He not only was not kind with his words for the BDO, he did everything possible to incite the crowd against the BDO. He told the crowd that he had nothing to do with the developments in the instant case as it were the BDO and SDO who were answerable. He refused having been served any search warrant notwithstanding the fact the BDO had sent the same through his driver which he had refused and notwithstanding the fact that he did send some constables to the spot later pursuant to the telephonic instructions by the SDO.
While he should have taken action against the people who were obstructing the BDO in the discharge of his lawful duty, who was also his senior officer and the local Executive Magistrate, the OC made the situation worse and incited the crowd by making disparaging remarks against the BDO and SDO.
However, somehow things could be brought under control and everyone was home with the girl again going back to her in-laws with a promise from them to present the girl in the SDM court the next day. SDO was informed of the entire episode by the BDO after the incident got over peacefully. However, the next day the entire incident was splashed all across the newspapers and electronic channels with negative bias against the BDO.
The SDO was miffed with the way the press had reported the matter. They had found fault with the BDO, added untruths and made it a very sensational story. Going by the media reports, it appeared that that a demonical BDO pulled a pregnant girl by her hair and took her ruthlessly out of the house of her husband with whom she was legally married. They also quoted the OC about the latter not being informed about it all, that there should have been female constable before for carrying the girl to the police station and that there should be no enforcement after 6 p.m. where a woman is involved.
The media had quoted the OC pointing out these technical lacunae in the entire operation by the BDO. So, the SDO was furious with the conduct of the OC as well. SDO felt that whatever be the lacunae in the entire exercise, which the OC found, the OC had no business talking to the press against the BDO who was his senior officer. It was his duty as the local police officer and as a government servant to help his senior officer rather than inciting the crowd against the BDO and thereby further aggravating the situation. OC has shown himself to be very irresponsible by doing what he did.
The girl was produced in the SDM court the next day. During the hearing, the SDO got to know that it was a case of love marriage and that the girl had been staying there out of her own will. Even though SDO allowed the girl to stay with her in-laws, he fixed another hearing to settle the matter finally as there was no proof of marriage and there was also a dispute regarding the age of the girl. Though the girls’ mother did produce a school certificate whereby the girl appeared to be a minor, but the authenticity of the same was disputed by her in-laws. Hence, the need for another hearing was felt.
The girl, however, did admit to the SDO that she was no pregnant that she was not dragged by her hair by the BDO as claimed in the media. The young SDO did learnt a lesson that one should not be moved by any of the complainants’ tears the way he had been in the instant case deciding to take a quick action. But, the situation got murkier because of mishandling at many levels. It could have been a case of actual kidnapping and then SDO’s decision might have been seen in different perspective.
The SDO called a press conference the same day and let his displeasure know to the members of the media. He asked them as to whether they verified their facts before reporting that the girl was pregnant, that she pulled by her hair by the BDO, that the girl was a major, that she was a married girl, that the OC was not served the ‘Search Warrant’ and that it was OC who erred by not sending the female constables. He asked them that as to why did they not question OC’s role in all this, about his refusal to receive the ‘Search Warrant’, about his failure to send lady constables or his express attempt to incite the crowd against the BDO in the lawful discharge of his duty.
He asked them as to what should have been done by the SDO in case it would have been a true case of kidnapping as the SDO initially feared. In case it was all true as alleged, and had the SDO not taken prompt action, the girl might have been harmed. He told them that if the media continued with the reporting the untruths as they did, he would not feel encouraged to share/provide any news as they expected him to do. Such an approach also has a dampening impact on the administration going for prompt action in such cases, he told the press. The press acknowledged its mistake and many of them carried a corrective story the next day but for one which said that the SDO actually threatened the press in case they dared to carry more such stories in future.
The SDO sent a detailed report later to the District Magistrate including a report against the OC, Jaigaon recommending action against him. In his report, the SDO supported the action by the BDO, who was facing a very bad press and a negative campaign against him, even though the SDO did feel that somewhere the BDO mishandled the entire operation by way of his decision to enter the house to rescue the girl without waiting for the police.
The SDO brought the entire sequence of incidents to the notice of the DM and discussed the matter personally with him. He pressed for the transfer of OC, Jaigaon. The WBCS Association (West Bengal Civil Service Association) also met the DM and Commissioner about it all and similarly pressed for OC’s transfer. DM was also convinced and he took IG, North Bengal also into confidence, but finally nothing got going. It is learnt that OC, Jaigaon met the Commissioner, Jalpaiguri Division later and could convince the latter of his innocence. The Commissioner, therefore, is said to have directed the DM not to move against the OC any longer. In all this, the Commissioner did not deem it wise to consult and talk to the BDO and SDO who were the aggrieved parties against a junior police officer.
The DM later called the SDO and told him that matter has been sorted out. As per the compromise formula worked out between the DM and the SP, the OC would meet both SDO and BDO and apologize to them for his conduct. SDO had no way to remonstrate with him beyond a point. The OC did meet the SDO to apologize, but he met him in plain clothes as if to say that the uniformed officer was not guilty, though as a person he was willing to apologize. During his conversation with SDO, he appeared remorseless of his action on the D-Day.
The OC, however, never met the BDO for apologizing to him. IG, North Bengal who was still very keen on taking an action against the OC, later sounded the SDO as to whether he was still firm with his stand vis-à-vis the OC to which the latter replied in the affirmative. But, still nothing happened as there were many senior officers to oblige the said OC who is said to have been recommended for a bravery medal for his encounter escapades against the KLO (Kamtapur Liberation Organisation, a separatist organization active in North Bengal) militants and whose monthly income, from the unknown sources, was said to be upwards of Rs. 30 lakhs per month.
By:- Saumitra Mohan from IAS 2002 Batch. The case study is based on my experience when I was SDO, Alipurduar between August 2004 to February 2006.
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