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Chandigarh ‘stalking’ case

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prasad1

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A day after Haryana state BJP chief Subhash Barala’s son Vikas Barala and his friend Ashish Kumar were arrested and released by Chandigarh police for allegedly stalking the daughter of a senior IAS officer, the 29-year old woman recounted her ordeal and thanked police for their prompt action.

Speaking to news agency ANI, the girl said, “They (accused) kept following my car. They tried to block my way and then even tried to open the door of my car.”


Chandigarh police on Friday arrested the two and charged them for wrongful restraint and driving under the influence of alcohol. They was later released on bail.


Speaking to Indian Express, the girl expressed her gratitude to the Chandigarh police. “I am thankful to the Chandigarh police for promptly responding to my call. This could have gone worse.”


Describing Friday night’s incident, she wrote on Facebook, “Was almost kidnapped on a Chandigarh road last night”. “There were 2 guys inside the SUV, and they seemed to really be enjoying harassing a lone girl in the middle of the night.”


Describing her condition, she wrote, “My hands shaking, my back spasming (sic) from fear, half in tears, half bewildered, because I didn’t know if I’d make it home tonight.” She added, “If this is what women deal with in one of the safer cities in the country, where are we going? I find it shocking, that in a place with cameras at every light and cops every 200 metres, these boys thought they could either get into my car, or take me into theirs, just because they’re from an influential background.

I’m lucky, it seems, to not be the daughter of a common man, because what chance would they have against such VIPs? I’m also lucky, because I’m not lying raped and murdered in a ditch somewhere.”


Speaking to media, DPS Satish Kumar said the accused were let go as the charges against them were bailable. “The accused had purchased two cans of beer and consumed it while driving the Safari that belongs to Vikas’s relative. They kept following the woman and blocked her way several times.

The woman called the Police Control Room at about 12.35 am and within 10 minutes, the accused were caught. Later, after receiving a formal complaint, we registered a criminal case against both of them and arrested them. Since the charges against them were bailable, both were released on bail,” the police official said.

http://indianexpress.com/article/india/chandigarh-stalking-they-blocked-my-way-tried-to-open-door-of-my-car-says-daughter-of-ias-officer-4784535/
 
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A convenient excuse

The Chandigarh police on Monday was left red-faced when it emerged that CCTV cameras installed at at least seven locations were found non-functional after the police was asked to collect evidence against Vikas Barala, son of Haryana BJP chief Subhash Barala, and his friend Ashish Kumar.


Vikas and Ashish had allegedly stalked and attempted to kidnap a woman, the daughter of a senior IAS officer, who was travelling back home in her car. She was allegedly followed for six kilometers around midnight on August 4 near sector 26, and the duo kept obstructing her path, repeatedly attempting to make her stop.


DSP (traffic) Rajeev Ambasta, who supervises the functioning of CCTV cameras said, “The CCTV cameras are unable to record movements of vehicles since August 1. There is technical fault in the cameras and the responsible company was asked to fix it.”

http://indianexpress.com/article/india/chandigarh-stalking-case-cctv-cameras-installed-were-dysfunctional-says-police-barala-vikas-4786032/
 
[FONT=&quot]Swamy’s remarks come at a time when the party is under fire from the opposition for trying to protect their party members. “This is extremely clear that BJP is pressurizing Chandigarh administration and hatching conspiracy to protect the son of its political leader,” Congress spokesperson Randeep Singh Surjewala said. He also questioned how the CCTV cameras installed on seven locations became dysfunctional. “Now new things have come out that five out of seven CCTV cameras were non functional. How have they suddenly become non functional? We have lost the importance piece of evidence,” he said.
[/FONT]

http://indianexpress.com/article/ci...pil-in-punjab-and-haryana-high-court-4786099/
 
In a fresh development in the Chandigarh stalking case, Haryana BJP chief’s son Vikas Barala, who is the main accused, has been arrested by the Chandigarh Police. Vikas surrendered before the police on Wednesday afternoon after being summoned amid heavy security. He was arrested along with his friend after questioning. The police have slapped attempt to kidnap charge against both the accused.

“We called both the accused for interrogation. It was a lengthy interrogation. A number of things have come to fore in today’s interrogation. Thus we have decided to press two charges – attempt to abduction (365/511). We have also decided to arrest both the accused. Both shall be produced in the court tomorrow. We shall request the court for their police custody. There are a number of things for which we need the accused to reconstruct the scene of crime to verify many facts. I can’t share many things that are part of investigations. I have shared the conclusion of our investigations done so far,” said DGP TS Luthra.

Police had summoned Vikas Barala, 23, early Wednesday, asking him to appear by 11 am but he reached the Sector 26 police station in a white SUV at around 2:30 pm along with the other accused- Ashish Kumar. The two accused were earlier arrested after a 29-year-old woman accused them of chasing her car on Friday but were granted bail. “Both accused are with us and we are interrogating them,” UT Chandigarh DGP Tejinder Singh Luthra told news agency PTI.

Vikas Barala reached the police station shortly after his father, Haryana BJP president Subhash Barala told reporters that, “He (Vikas) will cooperate with the police investigation”.


Earlier Wednesday, DGP Luthra said Vikas refused to receive the notice so the police opted to paste the notice outside his house. Addressing a press conference, DGP Luthra said the CCTV footage from different places indicated that the accused were chasing the girl. “Our investigations are at critical stage and we are taking it to the next level,” DGP was quoted as saying. The DGP added that Vikas and his friend Ashish Kumar (27) had refused to give blood and urine samples for medical examination which could go against them during prosecution.


http://indianexpress.com/article/india/vikas-barala-arrested-charged-with-abduction-after-he-surrenders-himself-to-police-in-the-chandigarh-stalking-case-4789178/
 
Let law take its course and the guilty be punished!! Will that happen in this case where the accused are high and mighty? Let us hope so!!
 
Let law take its course and the guilty be punished!! Will that happen in this case where the accused are high and mighty? Let us hope so!!

Well, let us look at the Law and what it states about Stalking an Offence:
Section 354(D) of IPC.

(1) Any man who—
follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
monitors the use by a woman of the internet, email or any other form of electronic communication,
commits the offence of stalking;

Provided that such conduct shall not amount to stalking if the man who pursued it proves that—
it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
in the particular circumstances such conduct was reasonable and justified.
(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
1 Criminal Law (Amendment) Act, 2013
....................
The Police and the victim have to prove the "ifs and buts" of the alleged crime committed by the boys to get them punished.


Brahmanyan
Bangalore.
 
....................
The Police and the victim have to prove the "ifs and buts" of the alleged crime committed by the boys to get them punished.


Brahmanyan
Bangalore.


Since when a victim has to prove the guilt of the guilty?
The police is controlled by the guilty party (or his father), how do you expect justice? Very conveniently the CCTV cameras were not "working" so potential evidence is already lost, there is no justice for the victim.
 
Rape has become a common crime.

Delhi reports on an average three such incidents a day.

These are reported incidents and actually it could be more.

Since most realise that the law and justice system is slow and dysfunctional, they do not report and move on.

Also the high profile cases are those where even the victims are also well connected and move with all their power and connections to get justice.

Some succeed. Chances of conviction are not much.
 
The police is controlled by the guilty party (or his father), how do you expect justice? Very conveniently the CCTV cameras were not "working" so potential evidence is already lost, there is no justice for the victim.

[h=1]Vikas Barala, Son Of Haryana BJP Chief, Arrested; Cops Cite CCTV Footage[/h] CHANDIGARH:
[h=2]HIGHLIGHTS[/h]1. Vikas Barala charged with trying to kidnap a woman he stalked last week
2. Vikas, son of Haryana BJP chief, now faces up to 7 years in jail
3. He was smelling of alcohol when he was first arrested: Sources

Vikas Barala, the son of Haryana BJP chief Subhash Barala, was arrested on Wednesday after being charged with trying to kidnap a woman he had stalked and followed on the streets of Chandigarh last week. After interrogating him for nearly three hours, the police said it has evidence and witnesses against the 23-year-old law student, who had earlier been let off on bail but now faces up to seven years in jail.

The two will be produced in Chandigarh court today.
Source: NDTV News

Law of the land is supreme....
 
Well, let us look at the Law and what it states about Stalking an Offence:
Section 354(D) of IPC.

(1) Any man who—
follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
monitors the use by a woman of the internet, email or any other form of electronic communication,
commits the offence of stalking;

Provided that such conduct shall not amount to stalking if the man who pursued it proves that—
it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
in the particular circumstances such conduct was reasonable and justified.
(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
1 Criminal Law (Amendment) Act, 2013
....................
The Police and the victim have to prove the "ifs and buts" of the alleged crime committed by the boys to get them punished.


Brahmanyan
Bangalore.
hi sir,

law says many things....who is to be implemented?.....generally big shot's son involved...the rule will be in water...we have

many laws and rules are in the PAPERS...ground reality is different....money and muscle power overtake any law...
 
hi sir,

..we have

many laws and rules are in the PAPERS...ground reality is different....money and muscle power overtake any law...

I disagree with this.

This is a sweeping statement.

We have been seeing VIPs and their wards being arrested for commission of various offences.

To cite a few Kanimozhi, daughter of a VIP spent 190 days at Tihar Jail

Sanjay Dutt son of a popular Actor and a VIP spent many years at Yerwada Jail since 1993

The list may grow….

The iron hands of law is supreme and will not spare anyone.

In Tamil Nadu, police arrested M.K., J.J., Sasikala, all VIPs

அரசன் அன்று கொள்வான் தெய்வம் நின்று கொள்ளும்.....
 
riinDejdajjci.jpg

“The law should take its own course; the BJP is a party which believes in women's rights and freedom”, said Subhash Barala, father of the accused Vikas Barala who on Wednesday appeared before the police and was arrested after they had sent him a summons. This, after the Friday night incident, where he and a friend were booked and released on bail for allegedly stalking and harassing a woman.

The matter quickly and inevitably turned political with allegation from the Congress that the police charged him with bailable offences in an attempt to shield him on account of his father’s position. Some, even from within the BJP, have called for his resignation.

The latest incident is a sobering reminder on women’s safety and the issue getting warped when one of the sides involved is related to or is in the political arena. The Times of India editorial highlights the evils of VIP culture and lack of women’s safety in the country –

“Varnika Kundu, is among those rare women who actually spoke out about their ordeal. She has vowed to pursue justice and set an example for all women who suffer silently in such cases.”

The responses seem all too familiar given the circumstances of the incident. One example was from Babul Supriyo; a Union Minister –

1/many:Guys, think rationallyA guy chases a girl- he's drunk!DeplorableBut why charge him with 'Abduction' etc without investigation?

The editorial goes on to state how Varnika is taking on the system, fending off attacks on her character through the routine and archaic line of questioning from certain BJP politicians as to ‘why was she out late at night?’ and the like –

“Varnika will be taking on a system that is geared towards protecting the powerful. She has already had to face attacks from BJP leaders who prefer to blame the victim…there are accusations that the Chandigarh police – who Varnika credits for rescuing her – diluted the charges against the accused under political pressure.”

The editorial states how the BJP can save face –

“If the Chandigarh case has caused great embarrassment to BJP, as there are widespread allegations it is pressuring the police to protect its own rather than protect women, the best way to save itself from such ignominy in future – as well as to strike a blow against VIP culture and for good governance – is to facilitate much needed police reforms across the country.”

Somak Ghoshal writes in the Huffington Post India on the legal side of things and how lenient the law is towards the accused when it comes to stalking –

“…a loophole in the existing law against stalking amended in 2013 that made it possible for the accused to go out scot-free. While Barala and Kumar were charged under Section 354D (stalking) of the Indian Penal Code (IPC) and 185 of the Motor Vehicle Act, they did not have the sections for kidnapping or attempt to do so slapped on them.”

Speaking to the Indian Express, senior Advocate Rajwinder Singh Bains faults the police for the charges filed stating that they chose to take the weakest action. He said, “The intention here is to be seen, and going by the woman’s account it was absolutely to kidnap her...” Other legal experts have also argues that the charges were not strict.

Criminal lawyer IPS Kohli said, “Looking at the allegations on the face of it, the police could have gone stricter while registering the case because one cannot rule out attempts of the accused in this particular incident.” In particular, Section 354D which was created after the Delhi gang rape not being made non-bailable surprised legal experts.

This isn’t the first time the Baralas have been in hot water. The Punjab and Haryana High Court on Tuesday asked the police for a status report on allegations against Subashs’ nephew Kuldeep Barala; the charges are of him and others pressuring a minor girl to change her statement after she was allegedly kidnapped and raped by one of Kuldeep’s relatives.

The Deccan Chronicle editorial states that this incident is a test for law enforcement and Indian society in general–

“Known to be invariably subservient when the politically connected are involved in a crime…the Union territory police that is directly under the Union home ministry, is under pressure to show it can conduct a fair investigation. Unless the police and judiciary handle the case without fear or favor, doubts will remain that, despite all tall claims about women’s safety, whether anything has really changed in India.”

“This is a test case for Indian society that has grappled with very serious issues concerning women’s treatment. As the victim herself noted in her brave media appearances, she is perhaps fortunate not to have been thrown into a ditch after being raped as is usually the case with many unfortunate women across the country that is fast gaining global notoriety for sexual assaults on women.”

The incident also puts into light how the BJP at the centre and Narendra Modi who has championed the girl child and women’s safety come up short. Journalist and author Nilanjan Mukhopadhyay points out in a piece for The Wire how it’s a matter of all talk and no action - “In his maiden Independence Day speech in 2014 from the historic ramparts of the Red Fort in the Indian capital, Prime Minister Narendra Modi also spoke on the issue of rape and sexual violence against women in the country.”

“That in the days since the incident there has been no action against Haryana BJP chief Subhash Barala, who’s son is the accused in the case, is indicative that Modi’s long lecture to parents of sons to ensure that their boys did not stray and commit crimes against women has not percolated down within his own party.”

The article goes on to point out how members of the BJP have themselves made sexist remarks in the past; for example a few weeks after Modi’s independence day speech, Haryana chief minister Manohar Lal Khattar saying if women dressed ‘decently’ a boy will not look at her in the wrong way. Another one was Congress leader Ashok Gehlot decrying the ‘pub and mall culture’ in the country saying, “Because of liquor culture, over 6000 rape cases were reported in Rajasthan when the BJP was in power.”

This goes to the larger sexist mindset that many in politics seem to have when it comes to women’s safety and women in general. Senior journalist Ranjona Banerji in an op-ed for Mid Day writes on this particularly relating to the Chandigarh incident –

“The first act was to put a picture of Kundu with two men and claim that one of them was Vikas Barala. It was not. The second is to claim that Kundu was "drunk" because by Indian law, it is perfectly acceptable for men to stalk "drunk" women. The third act is to claim that Kundu was talking on the phone while she was driving, which is against the law. The fourth act is to find old photographs of her surrounded by glasses that could contain alcohol and, thus, malign her image as an ideal Bharatiya female”

The investigation going forward will be complex given the political angle. This will certainly be a test for the BJP if it lives up to its leaders’ speech on women; it’s imperative that the party not influence the proceedings but it’s natural to cast doubt on that premise given the persons involved.

As the accused father Subhash Barala himself stated “The BJP supports the freedom of daughters. Varnika Kundu is like my daughter.”

Going forward, as Sandip Roy points out writing in the Huffington Post – “Women do not deserve freedom/rights/protection under the law/fair treatment because they are daughters/mothers/sisters. She deserves fair treatment as a person who feels she has been wronged. She does not need to be Barala's daughter or "like" Barala's daughter to expect justice from the law.”


Read more at: http://www.sify.com/news/chandigarh...i-bachao-sham-news-columns-rikrl4ehgghif.html
 
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If the high and mighty go scot free after committing offences, let us then change the reality which they have no access to. Let us change the underlying spiritual reality which will then be projected on to our mundane reality.

Folks, all you have to do is to use your thoughts and want the reality to change. That can do wonders if there are a large number of such wishes.

Pledge your support folks to change the reality towards good and for good.
 
I disagree with this.

This is a sweeping statement.

We have been seeing VIPs and their wards being arrested for commission of various offences.

To cite a few Kanimozhi, daughter of a VIP spent 190 days at Tihar Jail

Sanjay Dutt son of a popular Actor and a VIP spent many years at Yerwada Jail since 1993

The list may grow….

The iron hands of law is supreme and will not spare anyone.

In Tamil Nadu, police arrested M.K., J.J., Sasikala, all VIPs

அரசன் அன்று கொள்வான் தெய்வம் நின்று கொள்ளும்.....
hi

means all VIPs committed crime are in the tihar jail.....nobody escaped.....lol
 
hi

means all VIPs committed crime are in the tihar jail.....nobody escaped.....lol


It does mean that all VIPs cannot escape all the time....lol

Money and muscle power cannot overtake law all the time....

If that is the case, why VIPs suffer at Tihar...Yerwadi,,, Parapana Agraharam, Puzhal, etc

For some of the VIPs, it is law that proved mightier than their accumulated money power, muscle power or even political power.

Sanjay Gandhi was sentenced for Maruti Udyog controversy.. this has happened in India

Sahara’s Subrata Roy too had money power, but cannot escape from the clutches of law

Ramalinga Raju of Satyam Computers had to undergo imprisonment… and prison life is hard anywhere and can range from dire to dreadful.

Suresh kalmadi, Amar Singh of Samajwadi Party, etc have all had money equally muscle and political powers too. But they all end up at prison……

The list may grow..

And these 'House full' jails are perhaps waiting for some of the VIPs against whom cases are pending in the Courts of Law. lol
 
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