Bogus Vote Scam Crusader's Wife approaches HC for release of her husband from illegal custody: Alleges Former Cabinet Minister accused in scam is behind conspiracy

Mrs. Anita Kataria the wife of the social activist Omparkash, has approached the High Court (Habeas Corpus E-FILING No.17085/9.10.16)  praying for release of husband from the illegal custody since 06.10.2015 in the FIR of Bailable Offences; allegedly at the behest of Sh. Sukhbir Kataria the former Haryana Cabinet Minister. The Petitioner through her Advocate Pardeep Rapria has pleaded in her Petition that her  husband is the social activist and the General Secretary of the ‘Matdata Jagrukta Manch’ an organisation working for the electoral reforms. Her husband is the instrumental in unearthing the fake voter scam of creating more than 32000 (thirty thousand) bogus votes by the former Haryana Cabinet Minister and other numerous accused persons in the way of large scale impersonation, massive fabrication and forgery of documents, in conspiracy with the concerned officials of the election department, with the ultimate aim of hijacking the democracy. While crusading against the creation of fake votes the Petitioner’s husband has got registered more than 33 F.I.Rs against the former Cabinet Minister and other co-accused and on the Complaints of the Petitioner’s husband the different concerned Magistrates/Trial Court also in 27 cases have summoned the Former Minister and other co-accused.

The Petitioner in her Petitioner alleges that on 06.10.2015 the Petitioner’s husband, being the complainant in the case under Section 420, 467, 468, 471 etc. IPC and the relevant provisions of the People’s Representation Act  had gone to attend the Case. In this case one lady Advocate Meenakshi Kataria and her entire family members including her real brother Mohit are co-accused, along with of the main accused Former Cabinet Minister Sukhbir Kataria. When the hearing in the aforesaid case was over the aforesaid lady Advocate just outside the court-room started slapping and abusing the Petitioner’s husband/detenue, who is Complainant/witness against the lady Advocate and her brother. The Petitioner’s husband rushed to the Court No. 2 for help and apprised the presiding Judge about the attack on him. After hearing the plight of the Petitioner’s husband the Ld. Presiding Judge of Court No. 2 got made call to Police Helpline No. 100 and instructed the Police to grant him adequate protection. Accordingly, the Petitioner’s husband was escorted by Police to the Police Station for recording his statement. However, later on, the Petitioner’s husband was arrested on the basis of a false FIR No. 1036, Dated 06.10.2016, P.S.-City, Gurgaon, under Section 323,354-A, 506 IPC, on the complaint of the aforesaid lady Advocate.  Even if the allegations in the FIR are accepted as gospel truth; no Non-Bailable Offence is made out against the Petitioner’s husand. As the allegations in the FIR were of Bailable offences, the Petitioner’s and other residents of locality requested the Police to release the Petitioner’s husband on bail.

Petitioner’s husband has also given written complaint/information dated 06.10.2016; vide Diary No. 242 SP-II to the Police giving the details of his counter-version, which clearly makes out the offence of intimidating the witnesses. But, it appears that the Police under the influence of the accused Former Cabinet Minister and Co-accused lady Advocate did not register any FIR on the counter-version of the Petitioner’s husband. Petitioner’s husband was produced before the concerned Magistrate the Petitioner’s husband immediately moved an Application for Bail on the ground that the all sections of IPC were Bailable one. However, the Ld. Magistrate sent the Petitioner’s husband to Judicial Custody and fixed the hearing for arguments on 08.10.2016.

On 09.10.2016 during the resumed hearing of the Bail Application the Petitioner’s Counsel emphatically pleaded for concession of bail on the ground that the Petitioner’s husband for entitled for the concession of Bail as a matter of right, as the contents of the FIR disclosed the Bailable offenses. However, again, the Public Prosecutor/Police sought more time to argue and the Petitioner’s husband was sent to Judicial Custody and the matter was fixed for arguments on 10.10.2016.

The wife of the social activist has not only prayed for the release of her husband; but also has sought the compensation of Five Lakh Rupees for illegal custody of her husband. The matter will be mentioned on Monday before the vacation bench of the High Court.