Today, the day started off as a lazy Monday. Since the High Court is on Diwali vacations, and there is a week more for it to reopen, I wanted to utilize the time relaxing and probably finish reading a book that I am reading for past few weeks. I had some meetings scheduled in the morning session so that I don't need to fight with the time later. But the Almighty had different plans for me. A number of happenings took place all of a sudden in such a way that I unexpectedly had to accompany my sister to the local police station to file an FIR. Actually the police stations are nothing new for me. I mean, oops –
oh, not that way!
Okay, let me put it this way. Visiting the police stations once in a while, for one or the other reason, happens to be a part of my profession. But my sister was ignorant about the way the procedure works. For her, that Khaki world is all new. I wanted her to have a first-hand but confident experience there, and therefore before entering the place, I explained to her the procedure in detail; especially, how to tackle the police officers and their confidence-killing rapid-fire question rounds. Later in the station, while my sister was facing the officers, I realized that the whole issue is going to take around another hour. I calmly found a wooden bench in a corner for myself to sit and relax.
Sitting on the bench, I tried remembering my first ever visit to the police station, for personal reasons. I've already written about my
very first experience with the police station. After that too, there are some random personal experiences, and some more thrilling professional experiences. Some of the experiences go on to become the most unforgettable ones, because they teach you something. One of such unforgettable teaching personal experiences with the police station was, when my cell phone was stolen.
...I knew how my cell phone had got stolen, because I had seen a person thieving it. It was 5 years back but I still remember the incident perfectly, including the thief's face. At that point of time, I could do nothing but shout helplessly. I was lying on the road with blood of two other persons around me. People thought I was hurt, but somehow I was all safe (
which I realized later). I was shouting for my cell phone which had fallen off my shirt's pocket. It was that random person walking on the road who came to rescue us, who took it off and flew away! It was a road accident, he knew I was helpless, he knew the situation was confusing, and he took advantage of all that. All had happened within a fraction of seconds. Would not you call it a theft? At that point of time, I believed it to be a theft. I still do.
But the system would not believe so. My first worry was regarding the thief’s misuse of my phone. I had a postpaid connection, and therefore I needed to discontinue the services immediately. Without wasting time I contacted the service provider from a public telephone booth, and after telling the case in detail the customer relations executive had informed me in her sweet voice that I first require to file an FIR in the police station and then produce a copy of the same in order to have the services discontinued.
That was my first FIR in life. It taught me a lot, both as an individual and as a lawyer. Well, at that time I was not a lawyer by profession; I was just a law student. A student; away from his home; staying alone at a hostel. At that point of time I did not know the procedure for filing an FIR, simply because firstly I had never cared about it and secondly because I had never read the Procedure Code, till then.
I reached the police station all prepared, even with the IMEI number of my cell phone. I was quite confident that I will be welcomed and treated royally by the officers there. Not because I was a law student, but because of the principal of my college. He was a highly reputed person, and his name carries a huge weight in the entire State. Even the Judges and police officers sometimes take his advice on complicated legal issues, and it's almost an open secret.
I introduced myself as ‘Sir's student’ to the
havildar sitting in the Inspector's chair. He was rubbing tobacco on his right hand palm. There was a 'phew' feeling on his face. Ignoring me, he just placed the tobacco in between his lower lip and the teeth, clapped away the dust in the air and asked me to wait till the 'Senior Inspector' comes. I thought, how fortunate I was, my case would be handled by a 'Senior' Inspector! I did wait and the Senior Inspector arrived shortly. He looked one dashing person. I had already been told to explain my case in short, as
Sahib would not have time to spend for petty matters.
Sahib asked me what my case was. I opened up the case in detail, from the starting till the end. He
listened to me very carefully. Then there was a rapid-fire round, where he asked me questions right and left, up and down, in and out. I did answer all of them to his satisfaction. At the end of it, he asked me why I wanted to file an FIR. I was surprised by that question. I said, “Sir, I'm just telling you my cell phone got stolen, and you are asking me why I want to file an FIR?” He said, “Not in that way boy, I know it. I mean, what is the purpose you will use the copy of this FIR for?”
I was really new to the system by then. I told him how the service provider company needs a copy of it to discontinue the services on that number. He started writing an FIR. His handwriting was like ‘don’t laugh on this’. From my side of the table, I could not actually read what he was writing, when he was writing it. He finished it in five minutes and asked me to sign it. I was happy; my case was taken up so speedily. “Let me see it”, I said before signing the document, and once it was in my hands, I was taken aback.
He had written in the document that while walking on the road, I had missed my cell phone somewhere on the road, and that it was my mistake. There was no mention of the accident, there was no mention of the person whom I had described in detail, and there was no mention to all the other relevant facts which I had narrated. How on the earth he cooked up the story in that way? I said, “Sir, there is some confusion. This doesn’t look like my complaint.” He immediately and firmly said; “It is. It is your complaint.”
“But Sir, my cell phone got stolen. I haven’t lost it or misplaced it or even missed it – as written in this paper.” I said. I felt a little helpless in front of him. He smiled. He looked like a villain then. With a smile, he said “You call yourself a law student, don’t you? Go back and study the law. Come back to me later, now my duty timings are getting over.” He immediately took the paper back in his hand, kept it in his table drawer, locked it, and went to change. I was dumbstruck. I saw him flying out of the office later, waiving a hand to me and asking me to come back later.
Baffled by the experience, I went back to hostel and took out the bare Act of the
mighty ‘Indian Penal Code – 1860’. I knew my phone was stolen, and now I needed to fit my own case in the law. The definition of ‘Theft’ said: ‘Whoever intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.’
A detailed study of the section made the whole thing clear. My cell phone was a movable property. It was in my possession. The person had dishonest intent. He had taken my movable property out of my possession. I was shouting to the hell but he ran away, that proves his malevolent purpose. Also proves that I had never consented, so he had taken it without my consent. He had run away with my phone, which meant he had moved the movable property. It was indeed a theft. I was concrete sure on it now. The term ‘missing’ was not defined in the bare Act.
Next day I went to the police station with the bare Act in hand. I had prepared the notes of my own case study. Seeing me entering the office, two
havildars whispered something in each other’s ears. “Come in the evening sir,
Sahib is on evening duty today” they told me. Cursing the system out of frustration, I came out and stood there for some time. The services to my number would not stop until the FIR was filed and a copy was provided to the company. I thought of informing the company about the practical problems in filing the FIR, and thought that they would show me some sympathy.
Fortunately there was a telephone booth nearby. Seeing it, I immediately walked towards its direction. Now I was inside the booth, and while ringing the customer care, I had a quick sight of the ‘Senior Inspector’ whom I had met yesterday entering the office. I immediately hung up the receiver, came out of the booth and rushing to the police station, caught up the Inspector sitting right in front of him. He looked here and there, demanding explanation on his face. There was no one in the station now. “Okay, tell me.” He said something just to say something.
“Sir, I was just told by your
havildars that you were on evening duty today”. I expressed my displeasure and anger for the
havildars. “Is it? But who told you so? The
havildars are on leave today!”
Sahib exclaimed with a smile. Damn it. What was happening with me? Did I want to find out who was on leave and who was posted on which duty? I took a long breath, and with a lot of efforts to keep myself composed, said, “Sir, can we move on the FIR now?”
“Yes; why not? Tell me your case again!” I had to remind him the case. In addition to that, I showed him the definition of the word ‘theft’ and all the notes that I had prepared. I brought to his notice how he had messed up the FIR totally. He was still untouched. “See
Wakil Saab, I am not wrong in my interpretation.” He said in a sluggish and firm voice, “Every point that you make out is correct. But in your case, you state that the cell phone fell off from your shirt’s pocket. That means it was lying on the road. From that, it is crystal clear that it was not in your possession. The whole concept of ‘theft’ is balanced on the word ‘possession’, you know? And since the cell phone was not in your possession, I simply cannot apply the section of theft in this case.”
I was first shocked and then left thinking. He seemed to be in a hurry to finish off the matter, so he took the paper out of his table drawer, and said “Now that your doubts are cleared, you may sign this paper and make it a document. Help me to finish it off soon. It’s a month end, and I can have a round figure of FIRs to report.” He had a wicked smile on his face. But I wouldn’t let it go just like that, till I satisfy myself. I knew that something was wrong in his interpretation. I scratched my memory on the word possession, and suddenly I remembered a lecture of Jurisprudence, in which our professor had explained the concept of ‘possession’ to us.
“Sir, see here”. I drew his attention to the paper on which I had made notes. I wrote the word ‘Possession’ on the paper, and started explaining him. “Sir, possession is not only about the physical contact of the immovable or movable property with you. See, you may rent out your property to a tenant. The possession may remain with him but still you are the owner of that property, not he. Possession is the prima facie evidence of ownership. Possession is a secondary concept; whereas ownership comes as a primary concept. And the possession can be transferred only by the Legal Contracts. In the absence of any such contract, the possession is disputable – law does not recognize such disputable possession as genuine.”
I felt like winning half the argument already. “And in my case, I’m proving my ownership with the help of the cell phone receipt which is in my name, and the IMEI number. Though the cell phone fell off on the road, I did not renounce my ownership, did I? Even if it falls on the road, it is in my possession till I do not transfer the possession to someone else! The whole concept of the term ‘theft’ may be balanced on the word ‘possession’, but where have I transferred it to him? And since I haven’t done so, how can you say it was not in my possession? You will have to apply Sec. 378 (theft) in this case.”
He was adamant. I argued a lot, but in vain. I had urgency, and hence I was left puzzled. At one hand, I wanted justice; at the other I needed a copy of my FIR. I came out of the police station, and called up our Principal Sir. I explained the whole case to him. Surprisingly he knew the Police Inspector. He said, “Don’t waste time. Take the copy of FIR from him immediately, give it to the telephone authorities, and come to meet me.”
“You know what,” later, sitting in his air conditioned office, my Principal Sir was telling me, “The theoretical application of law always differs from the practical one. If you file a case of ‘theft’, they (police) have to take a search for the thing stolen. Then they have to prepare a search report. They have to maintain a record of those reports. So much of the energy goes in these efforts. The system already has such a huge burden on its head, and in addition to that, this!” He was referring to my case. "The system is like that. You have to accept certain things, and move ahead. You cannot fight with everyone. At least you should have seen that you get a copy of FIR fast, because you needed it urgently, no? What if it was a terrorist, he could have used your phone for
what not?”
Sir was right. Personally, I had no hopes of getting back my cell phone. So I could actually have done with any kind of FIR. The words ‘theft’ or ‘missing’ in the document were not going to make any difference for me or for the service provider company. So what was I fighting for?
Later after some days, the
Sahib had called me to the station to 'select' one of the cell phones from a bunch that he had 'seized in one of the raids'. on a custom shop. That time, he was sporting an obstinate smile! Don't know why, but he was offering me such a royal and rich treatment! "Take any one you want. Or maybe two!" He had said grinning pointing at the bunch of phones placed on the table, showing his tobacco-ed black teeth. Don't know why, but I have developed a killing nausea for some elements in the
mighty System since then.
...Today, my sister’s purse was stolen while walking on the road. It was snatched off, and people had seen it. The thief ran away. Nobody could do anything. The purse had around 200-300 Rs and an identity card in it. She was in the police station to file an FIR. She was arguing with the lady Police Inspector there, saying that her purse was actually stolen, and not misplaced.
I just interrupted, and said, “Okay, take the document as it is. In reality your purse is stolen, but on the paper you have misplaced it. It doesn’t make much of a difference., does it? You need the copy of FIR to get a duplicate identity card issued, don’t you?”
My sister had a dissatisfied, deceived ‘
you-too?’ look in her eyes.
How do I tell her that we should avoid being a burden on the system?
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