Court exposes Indian police misconduct, acquits woman in IIOJK
Uri court orders action against officials for abuse of authority
Srinagar: A court in Uri has exposed serious police misconduct in Indian illegally occupied Jammu and Kashmir by acquitting a woman who was falsely implicated in a criminal case after she visited a police station to lodge a complaint, and ordered action against the officials responsible.
According to Kashmir Media Service, the court acquitted Fatima in a case registered at Police Station Uri in 2020 after finding that the charges brought against her were fabricated and unsupported by credible evidence.
The police had accused the woman of assaulting a woman constable, obstructing official duties, pelting stones and issuing threats. However, the court found glaring inconsistencies in the prosecution’s case, noting that the alleged stone used in the assault was never seized, medical evidence did not substantiate the claimed injuries, and the police uniform presented as evidence did not conform to official specifications.
The court also observed that prosecution witnesses admitted a police station is a public place where citizens have the right to enter to lodge complaints. It held that the woman was subjected to an unlawful public frisking despite established procedures requiring that women be searched in privacy.
Rejecting the police version of events, the court ruled that there was no evidence to support claims that entry to the police station had been restricted due to an official meeting. It further noted that senior police officers present during the incident were never produced as witnesses.
The court held that preventing the woman from entering the police station, publicly frisking her and subsequently prosecuting her instead of addressing her complaint amounted to a violation of her fundamental rights and an abuse of police authority. It also observed that implicating her in a fabricated case after the destruction of her mobile phone reflected a misuse of the legal process.
While acquitting the woman of all charges, the court directed initiation of proceedings against the investigating officer and the complainant to explain why action should not be taken against them for falsely implicating her. It also instructed the Senior Superintendent of Police, Baramulla, to ensure proper facilities for the private frisking of women at police stations and to prevent similar incidents in the future.
