request for info on Section 13 ITP Act

From: Roop Sen <roop@sanjogindia.org>
Date: Wed, Jul 8, 2015 at 7:48 PM
Subject: Re: Fwd: urgent enquiry regardig ITP(Special Police officers)
To: Uma Chatterjee <uma@sanjogindia.org>, help.ap@gmail.com
Cc: Santanu Banerjee <santanu@sanjogindia.org>, Nisha Mehroon <nisha@sanjogindia.org>, Kaushik Sanjog <kgsanjog@gmail.com>, Anirban <t.aanirban@gmail.com>, Dyutimala Bagchi <bagchi.dyuti@gmail.com>

Dear Rammohan, 

Thanks for getting this information. This is very helpful. Just one query - I understand that …" Sub-Inspectors, Head Constables and Constables including Women officers may ASSIST the Inspector of Police to conduct/rescue i.e.to say that the Subordinate staff will be witnesses for the raid and rescue.  and, when the Inspector of Police is busy, he may as per section 14(ii) of ITP Act, authorise Subordinate officer to conduct raid/rescue.  In exceptional cases, the S.I.of Police, who is specially authorised by the Special Police officer(by phone/SMS/General diary entry) he may conduct the rescue/raid to prevent loss of valuable evidence/destruction/concealment of evidence". 

Does this also imply that Inspector of Police may be assisted by an SI to investigate the crime? Let me explain the situation in West Bengal. 

We find that FIRs lodged when trafficked victims are rescued in Mumbai or Pune by the Maharashtra only indict brothel managers, pimps or in rare cases brothel owners, but do not indict traffickers from the source area. For example: if a victim has been trafficked from West Bengal or Orissa, the FIR or charge-sheet does not indict the trafficker from West Bengal, who was responsible for procuring and transporting the victim. The reason is that the Maharashtra police finds it difficult to conduct investigation in another state, and since expenses incurred is reimbursed to the investigating officer post facto sometimes taking over two years, it is disincentive for the police. In their experience, since the investigation of trafficker/s in another state is more difficult and suffers, sometimes the cases against the brothel manager or owner also gets spoilt, so they focus on the culprits within their jurisdiction. 

We find that when survivors return home, they often find the trafficker/s who had recruited and transported them to the destination state, is at large and free. A few of these survivors file FIRs against them. The WB police insists on not using ITPA in these cases, even when victims produce FIR copies that were lodged in Maharashtra which proves that these victims were rescued from commercial sexual exploitation. The reason is that WB suffers a shortage of inspectors (over 50% according to the CID, West Bengal). it is at this time I remember having read the document that Umapathi-ji has forwarded. My question here is - does the order that was passed in AP, also therefore may imply that SIs may assist the Inspectors in investigation of a case? 

I would be obliged if Umapathi-ji could offer his perspective. I am attaching a copy of the research report in which all of the above is more clearly illustrated. 

Warm regards,

Roop Sen

Secretary and Technical Advisor

SANJOG

Website: www.sanjogindia.org

Tel: 9830610450
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---------- Forwarded message ----------
From: "Roop Sen" <roop@sanjogindia.org>Date: Jul 9, 2015 10:06 PM
Subject: Re: Fwd: Re: Fwd: urgent enquiry regardig ITP(Special Police officers)
To: "help.org" <helpap@gmail.com>

Cc: "Uma Chatterjee" <uma@sanjogindia.org>

Dear Mr. Rammohan, 

My question is: while SIs are allowed to assist police inspectors in case of raid (of brothels) and rescue (of victims), can SIs be delegated with investigation (of traffickers) by the PIs as well?

Regards,

Roop