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

Hindustan Times ST (Mumbai) - HT Navi Mumbai Live - - FRONT PAGE - Pranab Jy­oti Bhuyan pranab.bhuyan@hin­dus­tan­times.com

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.”

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