Cops, SBI fined for defaming 2 ITBP men

Ishrat S Banwait

Tribune News Service

Chandigarh, October 14

A local court awarded Rs 5 lakh each to two head constables of the Indo-Tibetan Border Police (ITBP) in a defamation suit they had filed against the UT Administration, the police and the State Bank of India. The duo were falsely implicated for submitting ‘fake’ currency and kept in police custody for four days in 2013.

Cops Nain Singh and Amar Singh not only suffered social stigma and harassment but were suspended by the ITBP and their service records received a permanent red entry. Four days after their arrest, the currency notes were found to be genuine; but the harm had been done.

In October that year, the duo filed a defamation suit against the SBI, Air Force Station branch, through its then manager Ekta Mahajan; the bank’s corporate centre in Mumbai, through its Chairman; the Chandigarh Administration through its Home Secretary; the Inspector General of Police, Chandigarh; the SSP, Chandigarh; Satbir Singh, the then DSP, Crime Branch, Sector 11; Jaspal Singh, the then SHO, Sector 31 police station; and Randhir Singh, the then Sub-Inspector and investigating officer in the case.

The counsel for the duo, Madan Singh, mentioned that due to wrong and malicious acts of the defendants, the ITBP cops suffered physical, mental, social and moral harm and loss of reputation in the eyes of their family, colleagues and society. They thus filed a defamation suit for Rs 15 lakh. After hearing the arguments, the court ordered that Rs 5 lakh be given to each of the two complainants. 

Half the amount is to be recovered from the bank and its erring officials while the rest be recovered from the UT Administration and the police officials.

The case

• Head constables Nain Singh and Amar Singh were authorised to deposit salaries of recruits at the ITBP, Adhoc Training Centre, Ramgarh, Sector 26, Panchkula, in their savings bank accounts at Punjab National Bank, Sector 25, Panchkula, and SBI, Air Force Station branch, Chandigarh.
• On April 17, 2013, the duo presented Rs 3,06,500 in the SBI to be deposited in savings bank accounts of recruits. However, the cashier and branch manager, Ekta Mahajan, alleged that 91 currency notes of Rs 1000 (Rs 91,000) were fake.
• Ignoring the explanations offered by the duo, Mahajan called the police and lodged a complaint. They were arrested under Sections 489B, 489C, 420 and 34 of the Indian Penal Code (IPC ).
• The police called the media on the same day and reports about their arrest were published the next day.
• The fake currency notes were submitted at the RBI’s Sector 17 branch for verification. In its report dated April 20, 2013, the RBI confirmed that the notes were genuine. 
• On the basis of this report, both were discharged by the court on the same day.