Annual Report
2013-14
23.
Harassment and False Implication of the Complainants by Police in Moradabad
District of Uttar Pradesh
(Case No. 43784/24/56/2013)
4.201 The Commission received a complaint from Dr. Vibha Malik, alleging brutal assault
on her and her husband Dr. Y.K. Punia, by the police of Police Station Majhola, District
Moradabad, UttarPradesh on 17 November 2013 without any reason or provocation. The
complainant alleged that she sustained grievous injuries due to the assault caused by the
police officials. The complainant and her husband Dr. Y.K. Punia ran from pillar to post to
lodge their complaint against erring police officials but Police Station Civil Line, Moradabad
refused to register their complaint. As per the complaint, an FIR could be lodged only after
intervention of senior police officers and of district administration. However, no action
was taken against the delinquent police officials. Even a false criminal case was registered
against the complainants in order to dilute criminal case lodged against the offending police
officials. The complainant also enclosed copies of the press clippings which indicated that
the aforesaid incident was highlighted prominently by the print media.
4.202 The Commission vide its proceedings dated 19 December 2013 requested its
Director General (Investigation) to depute a senior officer for an on the spot enquiry in the
matter and submit the report within four weeks. The team was also asked to examine the
role of senior officers named in the complaint.
4.203 Investigation Division of the Commission conducted spot enquiry into the matter.
From the enquiry the NHRC team found that on 17 November 2013 at around 2130-2145
hours, Dr. Vibha Malik and her husband Dr. Y.K. Punia had stopped their car on the road
side to attend a phone call. In the meantime, Inspector Surendra Pal Singh, the then SHO/
PS Majhola along with three constables came from behind and misbehaved with them. The
policemen also assaulted the complainant and her husband as a result of which Dr. Malik
sustained grievous injury on her nose (fracture in nose bone). Dr. Punia also received simple
injury as per the MLC report. Later on the same night, at around 2200 hrs, SHO/PS-Majhola,
Surendra Pal Singh registered a criminal case against Dr. Vibha Malik and her husband Dr.
V.K. Punia at P.S. Majhola vide FIR No.727/2013 u/s 353/504/506/279/337 IPC.
4.204 After the incident, the complainants/victims along with some doctors of Indian
Medical Association, Moradabad visited the police station, Civil Lines, Mahila Police Station,
residences of the Senior Superintendent of Police and the Deputy Inspector General residence
in the night but no one received their complaint. Finally, the Superintendent of Police
(City) instructed the police of Police Station Civil Lines to receive their complaint and on 18
November 2013 an FIR vide case No.NIL/2013 u/s 323/504/506/392 IPC, was registered
at PS (Civil Line) against the SHO Sh. Surender Pal Singh and three other policemen. Further,
following a meeting between complainants and doctors of the Indian Medical Association
(IMA) and the district administration and the police, it was decided that an enquiry into
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