Cops file FIR against 2 ex-police inspectors
2012 CASE 77-year-old woman, son were arrested after she protested against inaction in harassment case and had threatened to commit suicide
NAVI MUMBAI: The Vashi police on Wednesday registered a first information report (FIR) against two of their former senior police inspectors for allegedly registering a bogus case and arresting an 81-year-old widow (77 years then) and her son in 2012.
The accused inspectors Raosaheb Sardesai and Laxman Kale, who worked in the police station between 2010 and 2014, retired a couple of months ago.
Mohini Kamwani, a resident of Sector 4 in Vashi, said that her estranged daughter and son-in-law had been threatening and harassing her to hand over her flat and money. When she approached the Vashi police in 2010, they only registered just a non-cognisable (NC) offence.
Her daughter continued harassing and threatening Mohini, who is the wife of freedom fighter Narayandas Kamwani. When the police did not register an FIR even after a year, she sat on a hunger strike at Azad Maidan in Mumbai on January 16, 2012. When she failed get a response, she announced that she was going to commit suicide.
“The Azad Maidan police counselled her. My mother then called off her strike and submitted a letter to the police saying she won’t commit suicide and the police signed on it as an acknowledgement,” said Dilip Kamwani, her son, 61.
On January 25, 2012, the Vashi police arrested both Mohini and Dilip and booked them under section151 (knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse) of the Indian Penal Code.
“I did not take part in the hunger strike, but the police arrested me. We were sent to judicial custody and we spent three days in Kalyan jail. Our mentally challenged sisters had to stay alone at home,” Dilip added.
After their release, the Kamwanis filed a writ petition in the Bombay high court against senior police inspector of Vashi, DCP (zone 1), commissioner of police of Navi Mumbai, home secretary and the state of Maharashtra.
In the judgment on June 13, 2013, the court ruled that the case registered against the Kamwanis was bogus and ordered the respondents to give them Rs6 lakh as compensation. It also ordered to register an FIR against four police officers — Sardesai, Kale, the then deputy commissioner and commissioner of police.
Challenging the judgment, the police moved the Supreme Court but their application was shot down there too.
“When we were arrested, Kale was the senior police inspector of Vashi police station. But Sardesai, who was transferred to Thane a few months ago, filed the first affidavit in the court, as our complaint against our sister had not been registered during his tenure. So he too became a party in this case,” Dilip said.
Following the Supreme Court’s direction, the Kamwanis moved the Vashi JMFC court, which also gave the same judgment in February 2014. But the police took no action even then.
The Kamwanis then filed a new writ petition in the Bombay high court in October 2015. This time, the court ordered the police to register an FIR against Sardesai and Kale.
“But, the Vashi police did not take any action. Finally, we filed a contempt petition in the high court in the last week of March. After receiving the order from the court, the police came to our house on Wednesday and registered the FIR against the two officers,” he said.
The police have booked the officers under sections 211, 466, 469, 471, 474, 167, 196, 220, 191, 192, 193, 195, 201, 120B, 199, 200 of the Indian Penal Code and section 145/2 of the Bombay Police Act.
Deputy commissioner of police (zone 1) Prashant Khaire said: “We have registered the case and will do the investigations. It’s only after that will we think about the arrests of those two officers.”