Wednesday, November 11, 2009

...Walking free

Today Daya Nayak can once again walk with his head held high, after 6 years of trauma based on the words of a criminal—3 years of humiliation followed by 3 years of suspension, mudslinging, and wrongful arrest. The outgoing Director General of Police (DGP), Mumbai, S. S. Virk has irrevocably rejected the ACB’s claim to file a charge sheet, pointing to a complete lack of evidence against Nayak in the disproportionate assets case filed against him. The Addl. C.P., ACB Mumbai, has received and signed the letter rejecting the sanction. This rejection cannot be challenged in any court. Nayak’s name is cleared, and the case that has haunted him for all these years is now finally closed. His repeated words of faith in the justice of our country are now vindicated; his supporters can proudly say “We knew and believed that he was innocent—now it is proved.”

Cast in many roles—guardian, swashbuckling cop, sharpshooter, and finally, a villain—Daya Nayak has had a long journey in the last decade. Much has happened after my last post.

Immediately after Daya Nayak spoke to the media in Feb 2006, he was arrested on a non-bailable warrant, despite having completely cooperated with the ACB. After 60 days, the maximum number a person can be kept in judicial custody without a charge sheet being filed, he was released on bail. Similarly, P. Manivellan was also released after being in custody for 62 days without any cause or reason. No evidence was found to keep either in continued custody. Manivellan was not one to accept injustice so easily though—he filed a case in the State Human Rights Commission (SHRC) for his unlawful detention. And he won; in 2008, Justice Vyas, the SHRC chairperson, strongly condemned Pradnya Saravade (then Addl. C.P., ACB Mumbai) for her “arbitrary highhandedness and vindictive attitude” and called Manivellan’s imprisonment “a complete fracture of the legal system.” The court ordered a departmental enquiry against Saravade and directed her to personally pay a fine of Rs. 25000 to Manivellan for mental torture and damage. However, the Home department of Maharashtra govt. (then and now under the infamous R. R. Patil) shielded Saravade, and has snubbed the SHRC—no enquiry was conducted and no fine was paid. The matter is still in court.

In November 2007, the ACB sought the sanction of A. N. Roy, then DGP, Mumbai, to file a charge sheet against Daya Nayak. However, the sanction was neither granted nor rejected, possibly because the “evidence” was too flimsy. But since it was not rejected, Nayak continued to languish as a tainted, suspended cop thanks to indifference or purposeful callousness.

The ACB continued to find no evidence. It drove them up the wall one should think, else how do you explain their demand for re-arresting Nayak in 2008? A demand that the court unceremoniously threw out, condemning the ACB for targeting and vilifying a police officer without proof. So what happened to the ACB’s evidence? What happened to their “incriminating documents”? The “evidence” that they shouted about to the media...what did they find? They didn’t find 100 crores or 4 crores—not even 1 crore! They did find “assets worth 41 lacs”—about the price of a 2-room flat in a Mumbai suburb. What happened to the Dubai casino, the Swiss flat, the Canada trips, the Goa hotels, the luxury buses in Mangalore, the cricket betting, the forged certificates, etc etc etc? NOTHING was found, because it was all concocted nonsense to malign Nayak by the so-called Anti-corruption people.

And the media...oh what a field day they had. Each newspaper devising bigger numbers and more outrageous capers…the Times of India and Indian Express turning to yellow journalism for selling copies…the channels screaming about the absconding cop…did anyone actually “investigate”? Then or later? Why did no newspaper bother to find out why the ACB had not found any evidence? Perhaps because they knew that there really was NO evidence? Because they knew that Nayak was innocent and was being framed? More than anyone, it is the media that owes Nayak an apology for what they did—misusing the power of the pen to send a man’s honour to hell.

As a final desperate move, the ACB moved the court to attach the “benami properties” of Nayak on 28th Oct 2009, a mere 2 weeks before Nayak’s clean chit eventually came. The “assets” were now worth 62.7 lacs; no doubt the ACB took into account the appreciation of real estate in 3 years! But that too was useless—no evidence again, no attaching of properties, no success for the ACB!

He had already been cleared in the case accusing him of donating 1 crore for the construction of a school in his village. Yet, he was transferred out to a small, low-profile post in a Mumbai suburb—a demotion by all standards. Now, finally, Daya Nayak’s name has been cleared of any wrongdoing, any associations with the underworld, any disproportionate assets exceeding his income…he is now a free man. In his own words “It is the first time in 3 years that I have slept peacefully, happy that I have finally got justice.” Nayak has not been reinstated to his post yet, but it is expected to happen soon.

It is extremely unfortunate that this man, once sworn to be a committed protector of this city, lost some of the best years of his life, and that too merely on the accusations of a criminal masquerading as a journalist. It is sad that in a sense, the underworld has won—the dons wanted the encounter specialists gone; who of them remains in the force today? Vijay Salaskar, the last of the lot in active service, lost his life in 26/11. All the others are either suspended, arrested, sidelined, or in low-profile departments. How did the underworld win? Who helped them? The cops who got suspended or the cops who suspended them? The man who was the cop or the man who was the criminal? Why did the media blindly print the criminal’s words? Why were the cops whom the court reprimanded not punished? Questions…

18 comments:

Anonymous said...

congrats daya for a gr8 success aftr a long struggle.... dragnite

Anonymous said...

Congrats Daya and congrats Punkprincess.

It is very important to stand against injustice and writing so forcefully against injustice is really commendable. Punkprincess should take up some more cases of injustice in the system... there are so many... -Sputnik

Ananas 2009 said...

Congratulations to Daya Nayak and the blog.It had been long wait for justice. Now the law ought to go after Pradnya Saravade-Shankar Kamble duo. Saravade colluded with infamous dumbhead RR Patil, the one who does not know Hindi or English.But knew how to trouble people.

Anonymous said...

Hey Congrates Sir!!!
ur a real hero join soon to Crie Branch Again All the Best.

Anonymous said...

Hey Daya Sir Congrates
Join soon to crime branch
We are all waiting to see u in Uniform-Nidhi Meldonker ,Adv. Bangalore

Anonymous said...

Hey Daya, You should again speak something. May be the media falling flat on its face would not want to listen to you, but may be you could speak to this blog. I wonder if Daya is following this great blog on him!

A Teacher

Anonymous said...

Whats the point of joining the police force again? Does Daya still have the spirit and morale? He may want to get out of the rotten field for good and why not? There are better thing to do in life than being an encounter specialist- that too a humiliated one! -wellwisher

Sahitya said...

Congrats sir..I have been following your trial closely and I knew you would come out clean !!

Pravin..

Anonymous said...

Bloger, Whats with this manivellan. Whats the case. How can this happen in a free country?

Anonymous said...

Bloger, Whats with this manivellan. Whats the case. How can this happen in a free country?

Anonymous said...

Good post and this mail helped me alot in my college assignement. Gratefulness you seeking your information.

sriharsha said...

Daya sir I read about you today sir I am very sorry for all these days sir. Sir I really wanted to become a police from my child hood sir but I still lack the way I should follow to achieve it so please help me sir its my heartful request sir. At present I am doing my B.Tech final year sir please respond sir Thank you sir

Anonymous said...

We are fortunate to have such a dedicated police officer.Its hard to fight injustice in our beloved country and its hard to withstand the pain when you are framed.But as told in Gita "Truth is the one which will finally win" but it takes time in here...sad but true..Finally..kudos to Dayanayak and thank you to blog owner for his posts.Keep the good work!

Anonymous said...

Hello!

1st things 1st 2 the publisher...please update your post as it reads Nov 2009. My congrats to u 4 doing this work.....at least you have the right sense of using the power of media...so cheers!

And also if u could ask a feedback from the Man himself....tht'll b nice. i am sure he also would like 2 say something and more than that v would like 2 hear him direct after so many years of silence.

To Daya Nayak

Hello Sir,

Greetings of the day!

just keep fighting against the system....don't give up.......i want 2 c u in uniform again....it might not mean a lot 2 u know...after all thts been done 2 u....but i am happy at least u have the guts to fight. And more than tht there a many Big fish who are scot free as the system cannot put their hands on them....its pointless troubling u.

As a citizen of India i pardon you, even if you have done 41 lacs assets stuff.....because if the police can scot free and not do any thing to the people involved in Telgi scam, the worlds 2nd largest drug consignment of heroin caught, arms consignment....then u deserve to be set free.... u encountered 87 gangsters at least.

In fact from the time encounter squads are band....plz remember tht attacks on mumbai have increased.....mumbai police should thnk again on their decision.

Also my apperication to ur family and friends who stand by you.......good support system guys...keep up the good work.

cheers!

parijat joshi said...

gud eevenning sir,
daya ssir pllz wwearr unifform again we want our hhero.... which wee was misssinn inn aaamcchii mumbai....
ccongrats and bbest of luck..

aa student, ann inddian..
parijat joshi

Anonymous said...

You kept Mumbai clean
Tu amgelo hero Sir " God bless You"

Baldev Mahar said...

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Please give us a missed call on +91-9643105042. Our associates will get in touch with you.
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