In my earlier posts that I have listed below, I have already revealed about how ludicrously baseless allegations were used to have cases under cognizable, non-bailable sections of IPC registered against me to have me arrested on 2 February 2013 in Guwahati, Assam, and once I was arrested, how the same were touted as gospel by the Assam Police and a section of the media.
Here I shall reveal how a section of Assam Police officials sought to justify my patently illegal arrest by registering more false cases after I was arrested.
In order to do so, I reproduce below, word-for-word, the FIR which became the basis of the false allegations that I had lakhs of rupees outstanding in payments to travel agents as rental for vehicles hired.
Dispur P.S. Case No. 233/2013 u/s 420/406 of IPC registered on 03/02/2013
Dispur Police Station
I beg to inform you that I look after the business of the Accent Tours and Travels as an employee. On 14/07/2012 Sri Nilim Dutta, resident of Beltola Survey and his mother Mina Dutta hired a vehicle from our agency on monthly contract and travelled to various places. But they have failed to pay all the vehicle-hiring charges to us entirely. When we asked them to settle the bills, they sent us a cheque, in his father’s name, on 17/08/2012 by post to us but the cheque was for only Rs. 30,000.00 (Thirty thousand only) and the same could not be deposited at the bank as there were some anomalies. They owe our Agency Rs. 180,618.00 at present and whenever we send someone to collect the payment, he doesn’t meet us and remains untraceable. It is my humble request to register a case in this regard, making his father and mother as co-accused, and take necessary action.
Durlove Narayan Bora
Accent Tours & Travels
The above FIR is dated 03/02/2012 and a case was registered on its basis the same day.
The reality, as I shall now reveal below, is markedly different.
In July 2012, when I was in Upper Assam districts of Jorhat, Golaghat and Sibsagar, one of our vehicles developed a snag and I needed an immediate replacement. That vehicle was indeed hired from one Mr. Durlove Bora of Accent Tours & Travels in Guwahati. He introduced himself to my mother as the proprietor of the said Agency when he accompanied the vehicle & the driver when it reported to my home at Guwahati (not in Beltola Survey as claimed in the FIR). I was in Upper Assam then, and since the vehicle was to reach me there, I had instructed a nominal advance to be paid to him in Guwahati and pick up some luggage as well. That is the only involvement my mother had with this whole business. Also, there was no ‘monthly contract’ under which we had hired the vehicle.
As ethnic violence broke out soon thereafter, I rushed to Kokrajhar and Chirang from Upper Assam. Mr. Bora’s vehicle which I had used in Upper Assam was duly returned to him and the payments cleared. Soon, however, I needed more vehicles in Kokrajhar & Chirang, for relief operations and to be used by my security detail as escort vehicles. It is a fact that we never imposed on the district administration for any resources other than the security detail and since vehicles couldn’t be hired in Kokrajhar or Chirang locally, all of it were hired from Guwahati and sent to me there. Mr. Durlove Narayan Bora/Accent Tours & Travels also provided us with vehicles on a few occasions to be used there.
It must be noted that Mr. Durlove Narayan Bora wasn’t the only one who had provided us vehicles in that period. Also, it must be noted that the log-sheets of the vehicles in use were duly signed daily either by me or by any of our authorized staff as per procedure. As we were responding to an emergency arising out of a huge humanitarian crisis, for operational convenience, I authorized interim payments in cash against delivery of goods or services even without proper bills being submitted to us.
And, contrary to what has been claimed in the FIR, that is how we made payments totaling to Rs. 142,500.00 in cash to Durlove Narayan Bora of Accent Tours & Travels, the details of which are provided below along with the copies of receipts obtained from him against each such payment:
On 14/07/2012 Rs. 1,500.00
On 21/07/2012 Rs. 5,000.00
On 28/07/2012 Rs. 5,000.00
On 13/08/2012 Rs. 13,000.00
On 24/08/2012 Rs. 7,000.00
On 13/09/2012 Rs. 55,000.00
On 01/10/2012 Rs. 31,000.00
On 07/10/2012 Rs. 25,000.00
These were not the only payment made to Mr. Durlove Narayan Bora, however.
When in October 2012, the violence seemed to have abated and we had things under control, an internal audit revealed that Durlove Narayan Bora/Accent Tours & Travels had been paid in access of the actual charges of hiring vehicles. Bora was summoned and this was pointed out to him. I personally asked him to complete the bills and submit them as soon as possible. He promised me to do so and said that whatever we had paid in excess, he would want to adjust it against future bills.
Meanwhile, we laid plans to expand our involvement in Kokrajhar & Chirang for the post-conflict reconstruction and rehabilitation. This necessitated creation of infrastructure and logistical facilities on the ground there across several locations. Among the things needed were 2 more new vehicles. It was then that Mr. Durlove Narayan Bora offered to lease out to us on a year long contract 2 such new vehicles. He requested to me, however, for some advance as he had run short of cash to have these new vehicles financed. Since a contract couldn’t be signed without the vehicles, and because he already had been paid in excess, I agreed to pay him, but not in cash.
Accordingly, a further Rs. 96,000.00 was paid out of my personal account in the Canara Bank to Durlove Narayan Bora through cheques, the details of which are given below.
On 10/10/2012 vide Cheque No. 66501, Rs. 20,000.00
On 13/10/2012 vide Cheque No. 66502, Rs. 31,000.00
On 18/10/2012 vide Cheque No. 66510, Rs. 20,000.00
On 05/11/2012 vide Cheque No. 66937, Rs. 25,000.00
Soon thereafter, violence broke out once again in Kokrajhar & Chirang. All our rehabilitation plans had to be postponed and we were once again caught up in monitoring and intervening in the situation as best as we could.
Mr. Durlove Narayan Bora never submitted any bills, nor provided us with 2 more new vehicles on lease for which he had secured an advance of Rs. 96,000.00 from me. Finally, in January 2013, on my return from Delhi, I asked him to submit his bills without failing within February 2013 and return us whatever money (in excess of a lakh) that had been paid to him in excess. He sought time till the end of March 2013 and to be allowed to refund it in installments. As is my nature, I relented.
I was naturally surprised to see him at the Dispur Police Station on the afternoon of 3 February 2013 as I was lying there injured. For a moment, I thought he had come to offer me support. My premature assumption was soon put to rest when ASI Arun Baruah and he sat down to jot down the FIR I have produced word-for-word above. When I taunted them that what will they do when I bring up the receipts for cash payments, they laughed confidently and said, “But how will you? All your files etc are lying locked up in Cottage #3. You don’t have any evidence in your hand now.”
Unfortunately for them, we have operated for more than a decade in an extremely hostile environment. And we never leave valuable documents and possessions unsecured. What they thought was lying locked in Cottage #3 (the bungalow I used as the control room in Guwahati) had actually been removed to safe custody much earlier.
In all, we had paid Durlove Narayan Bora/Accent Tours & Travels a total of Rs. 238,500.00 of which less than a lakh was actually due to him. And the Assam Police still saw it fit to register a case under cognizable, no-bailable sections of the IPC against me. To perpetuate their lies.
Mr. Durlove Narayan Bora has claimed in the FIR that whenever he had gone to ask me for payments, I had refused to meet him and had remained ‘untraceable’. I would want him to explain that if no payments were made to him at all, what was it that he had provided us the signed receipts for on numerous occasions? And, from whom did he collect the payments in lakhs if I had remained untraceable?
Will the Assam Police too care to explain?
Before I conclude, I must once again point out that:
(1) Even in this FIR, there isn’t even a sentence accusing me of claiming to be a RAW official.
(2) Even in this FIR, there isn’t even a sentence accusing me that any cheques I had issued had been dishonoured due to insufficient funds.
As to the journalists of The Times of India, First Post In or the Rediff.com (and quite a few more newspapers and television news channels) who reported these gleefully against me, rather than revealing anything about me, their malicious reports have revealed their own complete lack of ethics and professionalism.
Such is their nature of ‘truth’.