Writ petition filed in HC seeking magisterial probe
A writ petition was filed in Bombay High Court on Thursday in the death of 17-year-old Sachin Jaiswar, seeking a magisterial inquiry into the incident. The petition states that feeling aggrieved and dissatisfied due to complete abdication of statutory, mandatory duties on the part of the police authorities refusing to register the FIR despite information disclosing commission of cognizable offences committed by Dharavi Police. Sachin died at Lokmanya Tilak Hospital on July 21.
According to advocate Moin Khan, who represents Jaiswar’s family, “We have approached the High Court under the provisions of Section 156 (3) of the Code of Criminal Procedure seeking direction to register a FIR under Section 302, 342, 324, 166, 167 of the IPC and the Prevention of Atrocities Act, 1989. The policemen who illegally arrested Sachin from his residence, were captured in the CCTV camera installed at the Sanjay Reti Cement Shop. The person Sanjay is not providing CCTV footage to the Jaiswar family. Similarly, the incident of illegal arrest of deceased Sachin on July 13 from 1am till 10.30 am on July 14, is also recorded on the CCTV at Dharavi police station. Footage from both these CCTVs are not accessible to the applicant. During investigation, this CCTV footage can be seized and taken into custody to ascertain the role and identify the policemen involved in the murder. On July 17, police had taken the signatures of the applicants on some papers which can be misused. Hence, that part also is required to be investigated.”
As per the petition, the applicants, Ravindra Jaiswar and Sunil Jaiswar, state that in this matter since the policemen of Dharavi police station are involved, for the sake of effective and impartial investigation they seek direction under Section 156 (3) of the Code
of Criminal Procedure to the Crime Branch (CB-CID) of Mumbai Police to hold investigation into the offences. The applicants have already given their written information to the Zonal DCP and the Senior Inspector of Police, Dharavi police station.However, they verbally declined to register the FIR in the matter. The Senior Inspector of Dharavi Police also has denied to register the FIR in the matter. Therefore, the applicants seek investigation through the crime branch for the sake of effective, impartial investigation in the matter, stated the petition.Further, the petition states, the Deputy Commissioner of Police – Zone V, has orally denied to register the FIR. Hence, no question arises that the Senior Inspector of Dharavi police station would hold an impartial investigation in the matter. As such, the applicants are left with no other option but to seek direction to the Crime Branch of Mumbai Police for the purpose of holding investigation into the commission of cognizable offences by registering FIR. "The police is trying to falsely implicate the applicants in the FIR of stone-pelting in order to mount pressure on them to back out from pursuing registration of FIR against the police officials. The guilty policemen in the matter are being saved by other police officers by registering false cases against the applicants. This is causing grave injustice against these applicants and hence, for seeking justice, they are left with no other option but, to seek direction from the High Court to direct for Registration of FIR and investigation by Mumbai Crime branch for the sake of effective, impartial and fair investigation into the matter. For the purpose of investigation, it is necessary to find the place, where the deceased Sachin was kept, filled with filth, dirt, excreta and urine, which resulted in Sachin contracting disease, apart from the brutal assault on him,” the petition says.
We have approached the High Court under the provisions of Section 156 (3) of the Code of Criminal Procedure seeking direction to register a FIR under Section 302, 342, 324, 166, 167 of the IPC and the Prevention of Atrocities Act, 1989. The policemen who illegally arrested Sachin from his residence, were captured in the CCTV camera installed at the Sanjay Reti Cement Shop
–MOIN KHAN, Petitioner’s lawyer