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Police Inaction

  1. After an hour long persuasion by us The Police did a sort of mock interrogation of Akshat and Tapan on that fateful night. They made conflicting statements in writing after the interrogation but no record of it was kept in the Police file. The statements in the Police file shown to us on on 08/04/06 were essentially identical. In these both admitted consuming beer as well as marijuana on the fateful day. One of them [Tapan] admitted consuming beer and marijuana along with Satya during interrogation but he was not tested. The Police did not ask Tapan for beer bottles or marijuana butts for evidence either. The personal belongings of Satya were in Akshat’s car but the Police did not collect these for CFSL examination when they went to the spot. The Police did not look for forensic evidence in their cars either. They did not look for forensic evidence in the nearby flat where Akshat lived although, if they took drugs, this was the most likely place for them to meet for that purpose. The personal belongings of Satya consisting of his shirt, jeans, shoes and the mobile phone were handed over to us by Tapan when we met him near the canal and would have been with us had we not gone to the PP that night. The Police seized these from us with sudden haste when we were about to leave the PP about mid-night after spending two and a half hours there with active assistance of the duo. These were not inspected in our presence and no seizure memo was given. But they did not sieze anything not even the mobile phones and the cars of Akshat and Tapan although these were no less important for the purpose of investigation. This immediately raised our suspicion that the motive for the seizure was to take away the evidence in these from our possession rather than using these for investigation. With the passage of time this is now confirmed.
    1. The missing persons report filed by me on 06/04/06 at Sahabad Dairy PP was not converted to an FIR even when my missing son could not be traced within 24 hours, contrary to normal practice. It was not forwarded to missing squad either until we approached them directly and got it registered as DD No 9 M/S dt 15-4-06. As eye wash, Missing Persons Posters made by us were supposedly put up in the neighbouring localities but only a few of these were used and that too only at the PP and along the canal near the site of the reported incident. An explicit request for an FIR at Sahabad Dairy PP on 08/04/06 was also turned down saying that DD No. 15 [which recorded the information of the PCR call that a person drowned in the canal near DCE] was enough. This clearly showed that notwithstanding all circumstantial evidence at hand and forensic evidence they could have they were predetermined to dispose off the case as a simple case of drowning keeping Akshat and Tapan out of the purview of investigation.
    2. I wrote several letters to CP (letter of 03/05/06 delivered to his office by hand on 04/05/06 and email letters of 19/07/06, 28/07/06 and 19/12/06) dating back from the beginning of May, 2006 for proper investigation into the death of my son. In two of these I urged him to assign the case to a detective police. I met him on 21/07/06 and gave him strong reasons for suspicion of foul play behind the death of my son via notes handed over to him personally. I also gave him an additional point of suspicion [see §2 1(c)] and several suggestions such as obtaining Call Detail for the mobile phones of Akshat [9899299283] and Tapan [9448935729] along with that of others by cross referencing [which were active at that time], listening to the conversations on these and forensic examination of my son's personal belongings in police custody. I met JCP [North] also and had several meetings with DCP [North West] in this connection.. Yet, no case was registered and no proper investigation was initiated. A request to the SHO [Bawana PS] for registration of an FIR for suspected murder giving detailed reasons was filed by me on 12/01/07 but there has been no response to that either.
    1. In spite of my letter of 03/05/06 to CP and two meetings with DCP [North West] on 02/05/06 and 17/06/06 there was no sign of any investigation tiil mid-July when Call Detail for my son's mobile phone only was obtained. It was clearly an eye wash and motivated by the same strategy the police have been following from the beginning to keep Akshat and Tapan out of the purview of investigation. For, the police did not obtain the Call Details for the mobile phones of Akshat and Tapan along with that of my son to analyze these in conjunction which they could have done in a matter of days and long back.
    2. I received a copy of the Call Detail for my son's mobile phone pertaining to the period 01/04/06 11:15 to 05/04/06 18:10 through courier. It was not certified and came without a covering letter. The Call Detail received appears to be censored for the following reasons.
      1. This shows no incoming SMS during the entire period which is unusual.
      2. This shows no incoming calls on 05/04/06 till the time of the reported incident of drowning which is not only unusual but also discrepant with the statement of Tapan that he had called Satya at Akshat's flat before lunch.
      3. This shows no calls or SMS on 03/04/06 even though it was within the period of validity of his recharge coupon.
    3. Obviously, Call Detail is of no use unless analyzed for clues which the Police did not do. It was left to me to analyze whatever details I got. In the Call Detail for Satya's mobile phone, four calls on the fateful day are highly significant. One of these is the incoming call from Nalin at 16:29 suspiciously coinciding with the reported time of the incident. The other three are outgoing calls at 16:38, 16:04 and 16:02 to PCR [100], Akshat and Mohini [a college mate], respectvely. The first of these shows that the actual time of the reported incident [if it is true] cannot be significantly different from the reported time 16:30. The second of these shows that Akshat who was supposed to be with Satya was not with him at that time [the pont communicated to CP mentioned above]. Hence as shown in §2 para 4 the last two together shows that the whole story of the reported incident was cooked up and therefore Nalin also appears to be lying.
    4. As in §2 para 7 one could then easily see that Satya was killed and lot of people [eg. Akshat, Tapan, Nalin and Mohini too, in case she is lying] were involved in a planned cover up of that crime. The Police could have easily found the whole lot of people involved in the cover up of the crime and know who the killer(s) was(were) and how and why Satya was killed by keeping the mobile phone nos. of Akshat, Tapan, Nalin and Mohini, to begin with, under surveillance even if they could not listen to the past conversations on these mobile phone nos. All the calls mentioned above were stored in the mobile phone of my son and available to the Police on that fateful night itself when they took away the mobile phone of my son from us. They could have acted immediately but they never did which confirms that the Call Detail was obtained for eye wash only and not for investigation.
    5. According to the Police Call Detail for Akshat's mobile phone were obtained later and a copy given to me but I never received it. The Police also say that no inconsistencies were found in this overlooking the point of suspicion communicated by me to CP mentioned above apparently to keep Akshat out of suspicion. For, the point of suspicion concerned an outgoing call from Satya's mobile phone to Akshat which should have appeared as an incoming call in the Call Detail for Akshat's mobbile phone. Call Detail for Tapan's mobile phone was not obtained apparently to keep him outside the purview of investigation.
    1. Copies of the PM Report, FSL Report on chemical analysis of PM Blood & Viscera and the Subsequent Opinion of the autopsy surgeon was received by me from PP I/C by courier. As in the case of Call Detail, none of these were certified copies and all came without a covering letter.
      1. The PM Report was hand written in illegible hand writing, apparently of no use to me.
      2. In my letter of (8/29)/11/06 to the PP I/C with a copy to the JCP [North] I had asked for a legible copy of the PM Report but there has been no response to that.
    2. As per PM report the dead body was in advanced putrefactive stage. As such PM analysis commonly done in India as in this case is hardly of any use for investigation into a suspected murder. Circumstantial evidence indicate that the dead body of my son was deliberately hidden for many days to let it decompose for this reason. The Police made inordinate delay in sending the PM Blood and Viscera for chemical analysis and there was inordinate delay in the FSL thereafter. This made the PM analysis all the more useless and served the same purpose for which the dead body was apprehensively let to decompose by the suspected offender(s) [see §4 para 2(a)].
    3. Unfair influence of the I/O on the PM Report, the FSL Report and the Subsequent Opinion, to have these tailor made for them to hush up the case, is apparent from the following.
      1. Brief History recorded in the PM Report is based on the information given by the I/O, who should mention truth and nothing but truth. In the present case the Brief History recorded two statements one of which was not an established fact, rather a matter for investigation and the other which was definitely not true [§4 para 1(a)].
      2. The PM Report denied the presence of scalp hairs to match with the Brief History given by him and to exclude it from CFSL examination which might have revealed that it was a case of murder [see §4 para 1(b)(ii) & 1(f)].
      3. The PM Report incorporated the dubious point [see §4 para 1(c)] in order to conclude ante mortem drowning to match with the Brief History given by him.
      4. The PM Report does not mention the points in §4 para 1(b)(iv)–(vi) to hide suspicion of violence experienced by the deceased before his death.
      5. FSL reported only ethyl alcohol apparently not testing for anything else and a suspiciously high figure for it [see §4 para 2(b)&(c)].
      6. The unwarranted statement [see §4 para 3(a)], unfounded conclusion about the cause of death [see §4 para 3(b)] and the unscientific statement [see §4 para 3(c)] were made in the Subsequent Opinion to drive home the point that the deceased entered the canal in a drunken state and therefore got drowned.
    4. In my letter of (4/29)/11/06 to JCP [North] I drew his attention to the unfair influence of the I/O on the Autopsy Surgeon through the brief history given by him to the later. I aso pointed out to him quoting frontpage report in Hindustan Times that the Viscera sample tested at FSL was invalid and hence the Subsequent Opinion of the autopsy surgeon based on that is also invalid. But he has not responded to my letter.
    1. As already mentioned the Police seized only items belonging to my son. None of these were used for investigation. These are simply lying in the Police custody for long eleven and a half months!
    2. With regard to the mobile phone, detention of the instrument and/or the sim card is totally unjustified except for immediate access to the limited information stored in the sim card. For, knowing the mobile phone number alone the Police could obtain all details pertaining to it from the service provider.
    3. With regard to the other items, the Police should have looked for valuable forensic evidence in these and sent these for CFSL examination but they did not do so. Any evidence in these might have got already destroyed and their value in any future investigation is doubtful. Thus, the only purpose of the undue detention of these is clearly to let any evidence in these get destroyed on the one hand and to penalize us for holding suspicion on the other hand, by denying us the last remnants of my deceased son knowing that these are of great sentimental value to us.
    4. The issue of undue detention of the personal belongings of my son was brought to the notice of CP via notes handed over to him on 21/07/06 and by emails of 28/07/06 and 19/12/06. In the last mentioned communication I appealed to CP in his capacity as the highest authority of Delhi Police for immediate release of these along with the last photograph of my son taken by the Police. But nothing came out of that.