HC acquits traffic cop convicted of demanding ‘hafta’ from bus owners

The Bombay High Court last month acquitted an assistant police inspector, Mahim Division (Traffic), from a corruption case. The cop had been convicted of demanding ‘hafta’ from luxury buses parked under Elphinstone Bridge. The bench of Justice Bharati Dangre noted that the sanction to prosecute the cop was invalid and thus his conviction couldn’t stand.

Justice Dangre was hearing an appeal filed by Dilip Mandhare, through his advocate Satyavrat Joshi, challenging his conviction under the Prevention of Corruption (PC) Act and the two years rigorous imprisonment awarded to him by a special anti-corruption court.

Mandhare was booked on a complaint filed by the manager of a tour and travels company. He claimed that the cop used to charge for ‘No parking’ areas and that he demanded an amount of Rs 500 as monthly ‘hafta’ for not initiating any action against the buses.

In his submissions challenging the conviction, Joshi pointed out that Mandhare’s prosecution was sanctioned by the commissioner of police, Mumbai, and that he wasn’t the competent authority to have accorded the sanction.

Justice Dangre noted the submissions and also the evidence of the city’s top cop, who testified before the special court that he had presumed himself to be the competent authority and thus accorded the sanction.

“The post of ADGP is subordinate to the post of DGP and it is pertinent to note that the proposal to obtain sanction was forwarded by the ACB to the DGP, when the sanction was sought,” the judge noted, adding, “Thus, the sanction granted by Commissioner of Police is, therefore, not a valid sanction.”

On this point, along with the fact that the major witnesses in the case had turned hostile, Justice Dangre acquitted Mandhare.