Two decades ago, a lieutenant colonel tied up and mercilessly thrashed his policeman brother all night; Now, the victim has tracked the accused and brought him to book, all thanks to RTI
Vitthal Kadam was assaulted by his brother over a dispute about a flat
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Nineteen years after he was temporarily blinded, tied up and thrashed with a wooden log, a policeman has finally managed to get his brother, an army man, arrested for assault. Vitthal Kadam (66), who retired as an assistant commissioner of police, used RTI to get the Oshiwara cops to arrest his brother, lieutenant colonel (retd) Netaji Kadam (69).
The incident report that appeared in mid-day in 1998
Netaji was produced in the Metropolitan Magistrate Court at Andheri last week and has been remanded to judicial custody till January 28. The Oshiwara police arrested him with the help of the Karnataka police from his Belgaum home.
“All these years, I waited for the trial to begin but I am surprised that the accused in connivance with the local police had kept the court in dark and managed to delay the trial,” alleged ACP Kadam.
Midnight assault
On May 22, 1998, Netaji called his younger brother, who was then an inspector in Pune, to his Army Welfare Housing Association flat in Oshiwara to discuss a family property dispute.
“As soon as I rang the bell, he dragged me inside and with the help of his subordinate from the Defence Security Corps, Kabir Ahmed Qureshi,” recollected the ACP. “They overpowered me, threw chilly powder in my eyes, tied me up and assaulted me with a wooden log.”
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On hearing Vitthal’s cries for help, some neighbour informed the Oshiwara police who rescued him.
mid-day reported the incident in its May 24, 1998, edition.
Shubhash Khanvilkar, senior police inspector, Oshiwara, said, “We are in search of the other co-accused who is at large.”
Case diluted
“Had the police not reached, they would have killed me,” said Vitthal, adding that instead of registering a case of attempt to murder, the Oshiwara police turned it into petty offence.
“Only when they gave me the FIR copy the next day did I see that the original Section 307 (attempt to murder) case, was struck down and Section 324 was added,” alleged Vitthal. “The line in my statement where I said they attempted to kill me was overwritten to read as ‘they threatened me’. Despite bringing it to the then police commissioner Ronnie Mendonca’s attention, no action was taken.”
Private sleuthing
After he retired, Vitthal, started tracking the case again.
He filed a Right to Information (RTI) application and sought the following details from the Oshiwara police: 1) details of people arrested, 2) did they get bail? 3) if so, give details of sureties furnished, 4) details of adjournments, 5) copy of court attendance of the two accused, 6) and details of summons, warrants issued by court against the accused.
The police said they did not have these records. “If they did not have the information, how did they file the chargesheet?”
More investigations revealed that the accused was seeking adjournments without ever being present in court, which he brought to the court’s notice on June 23, 2016. He also started attending every hearing.
“After I petitioned the court, several summons and warrants — bailable and non-bailable — were issued but the police kept claiming they could not trace the accused.”
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He then procured his brother’s current address and mobile number and handed them over to the police. Finally, after his sustained efforts, the police were forced to act and arrested Netaji last week.
“As a retired police officer, I am ashamed that my own department colluded with the accused and ensured he remained free.”
On his elder brother, Vitthal added: “He was like an elder brother for us, but I haven’t spoken to him since the incident. I am sure he will try to retaliate once he is out on bail, but I am prepared for it. I have all documents and evidence to prove the charges against him and his aide, but I wonder if the prosecution even has their witness to prove the charges. But I hope the court will ensure the trial begins at the earliest and gives me justice.”
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