The court of Additional Sessions Judge (FTC) Manipur East granted pre-arrest bail to Dhurvatara after the officer lodged FIR for alleged assault or criminal force to deter a public servant from discharge of his duty, defamation, criminal intimidation and common intention under sections 353/500/506/34 of IPC.
TFM Report
It is not new that government officials have indulged in misusing their power to fulfil their illegal gratifications. Very few come out to challenge these officials. However, Chongtham Dhurvatara Khaba, the proprietor of M/S Avian House took one such official head-on following continuous harassment of his employees by a Motor Vehicle Inspector.
Dhurvatara, who used vehicles to deliver his produce, came out in the open with the claim that his employees were harassed in different forms by a few officials of the Motor Vehicle Department, Manipur. He said he was compelled to give a large amount without any valid documents. “One motor vehicle officer Yumkham Pritam Singh has meted out continued harassment of him and his employees,” he added as per the extract copy of the order issued by Additional Sessions Judge (FTC) Manipur East.
Stating that the matter has become very personal, Dhurvatara alleged that Y Pritam has been sending officials to his farm site to make demands for local poultry meat during the last few months. Again in the month of March 2023 in the name of Yaoshang festival, Y Pritam asked for pork that cost more than Rs. 40,000/ for free. On being denied, Pritam had warned of dire consequences under his position of being a Government servant, he added.
Dhurvatara stated that Pritam had then started detaining the labourers and drivers without assigning any valid reason within his jurisdiction of Imphal West, Manipur leading to casualties of the live poultry as well.
Dhurvatara alleged that the officer charged Rs 6,000/ from one of labourers on March 27, 2023 and detained them for a couple of hours under certain provisions of law not cited by him properly. Following the incident, Dhurvatara went towards the Motor Vehicle Personnel to settle the issue on the same day. However, they avoided meeting him who followed Y Pritam and was recording Facebook live video at the same time.
During the Facebook live, Dhurvatara showed that the insurance of the vehicle, a Maruti Gypsy bearing Regd No. MNO1AG2323, being driven by Pritam while trying to evade him, expired on 12 March 2022. He also uploaded the photo of the officer along with copies of the documents showing the lapse of the insurance on Facebook. It was an instant hit on social media platforms. Hundreds shared and forwarded Dhurvatara’s post.
Y Pritam Singh, who tried to avoid Dhurvatara by over-speeding his car, drove inside the Chingmeirong Police outpost. Dhurvatara, who made up his mind to settle the matter, also followed him inside the police outpost. They had a thorough discussion inside the Police Station over the issue.
On his part, Y Pritam Singh lodged a complaint against Dhurvatara and others for alleged assault or criminal force to deter a public servant from discharge of his duty, defamation, criminal intimidation and common intention under sections 353/500/506/34 of IPC. Though he had lodged a complaint against Dhurvatara he himself had deleted the Facebook live recording which could be evidence of his case by snatching Dhurvatara’s mobile phone handset in front of the police personnel.
After the incident, some police personnel from Sekmai Police Station have been giving pressure on family members of Dhurvatara to make him surrender to the police station without providing no proper legal documents. Apprehensive of being arrested by the police based on the circumstances which include non-bailable and cognizable offences, he moved an Imphal West court on March 30 and again on March 31 for pre-arrest bail. But his bail applications were rejected as Dhurvatara could not ascertain whether a GD/ FIR was registered and if so on what allegations.
In this regard, Dhurvatara wrote a letter to the SP, Imphal West on 31/3/2023 seeking his intervention.
On Tuesday, the court of Additional Sessions Judge (FTC) Manipur East granted anticipatory bail to Dhurvatara, who submitted that his actions were to prevent the said officer from misusing his- position. “Given the submissions of the petitioner that he was being harassed before by the same officer and may have been implicated in the alleged offence, it is seen that application may be better heard after perusing the case diary and the bail objection report,” observed the court.
Granting the pre-arrest bail, the court ordered, “Until then, the petitioner is hereby ordered to be released on bail on his event of being arrested in the FIR on furnishing a bail bond and surety bond of Rs 50,000/- each to the satisfaction of the OC, Sekmai P.S,”