Thursday, December 13, 2012

Re: [IAC++] curruption aginst FIR

Dear Dilip

May I differ with you on this issue ?.

The problem is Mr. Pawan's father, being an aam aadmi and thereby not knowing the law or the procedure, now expects an FIR as a matter of RIGHT.

There is a simple way for such aam aadmis - Pay a bribe !! This is a simple and direct way to get the job done FAST.

The next simple way out is to get a non-aam aadmi "professional" like an advocate or "touts" to do the needful. This is for people who are squeamish about paying bribes but are prepared to pay triple to get the work done in slightly more time.

The level after this is to to go to an NGO. They will give all sorts of answers/solutions, most of which will land the poor aam aadmi in trouble.

If such an aam-aadmi comes to a list like ours, all we can to is to explain the system to him and point out the mistakes he has made so far. Many of the aam aadmis will not accept they have made mistakes and will waste the groups bandwidth by fighting with us.

For any aam-aadmi getting an FIR without paying a bribe is not an easy task.  Asking somebody to go directly to the Commissioner of Police is not good advice, even if such advice is tendered genuinely. Let us set down the steps involved and to see where previous IAC lot ("Team.Arvind") went wrong.

1) Aam Aadmi goes to police station, gives a handwritten letter informing of "loss" of mobike and Police send him away with some excuse without giving FIR.

2)  Team Arvind would say police action of not issuing FIR is example of "zulm" on citizen,and we need an all powerful Lokpal who would ensure "justice" for Aam Aadmi who has lost mobike. BTW, this is nothing new, every local politician of every party says more or less the same thing.

3) This IAC, however, says Mr Aam Aadmi you did not get the FIR BECAUSE you are an Aam Aadmi. Had you been an IAC-wallah you would get your FIR without a bribe, as follows:.

a) Know the Law. Draft your complaint in terms of the law.

b) Meet the SHO, he can issue an FIR, if not

c) Send a copy of your complaint served on the SHO to the ilaqa DCP/SP by registered post immediately.

d) 14 days after that visit the DCP/SP's office and file a complaint "against the SHO" at the Public Grievance Cell in his office. This cell can direct the SHO to register FIR., if not

e) Meet the DCP personally, and file a complaint against "the PG cell incharge and also the SHO". The DCP/SP can direct the SHO to register the complaint. If not

f) After this, meet the Commissioner of Police, he can direct the DCP and/or SHO etc.

g) If this doesn't work, many more options like filing an RTI, filing a complaint to State Home Dept, filing private complaint to Magistrate u/s 190 CrPC, filing Vigilance Complaint against the Police officers etc. are available.

The important thing is to give the system a chance to work. It is a reality that parts of the system will not work/do not work. People who use the system in the way it is meant to work, not only ensure that the system works for themselves but ensure that it works for others. Jumping the queque by going directly to the Police Commissioner is actually a retrograde move that eventually destroys the system for everybody.

Sarbajit

On Thu, Dec 13, 2012 at 12:11 PM, Dilip Fulay <fulays@gmail.com> wrote:

Dear Pawan,
Go directly to Police Commissioner's office.He has a certain time when any body can meet him.Explain every thing to him.He will do the needful.There is no need to bribe anybody.



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