HAPPENING TODAY: Posse of Activists to file FIR against In-charge of Marine Drive Police Station

4th Feb 2010, Mumbai: A dozen RTI activists will march to Marine Drive Police Station today evening, around 5 pm, and submit a formal police complaint against the former Station In-Charge, Senior Inspector Amrute. In keeping with Section 154(1) of CrPC, a landmark judgement of Bombay High Court, recent pronouncements of Union Home Ministry and of Mumbai Police Commissioner D Sivanandhan, these activists will press for filing of an FIR against the Senior Police Inspector for falsely implicating and illegally arresting ten of them.

This initiative is supported by Milind Kotak, founder of Forum for Effective Accountability & Transparency (FEAT), as part of the organization’s campaign to hold public authorities accountable to the Rule of Law. Given the context of recent attacks on activists, he contends that it is necessary to make the police walk the talk by immediately filing an FIR against their one of their own senior officers for unjustifiably depriving the activists of their liberty, and tainting their reputation with criminal charges. Senior Inspector Amrute’s actions on 19th May, 2009, were in breach of Supreme Court orders and well-known police guidelines, contends Mr Kotak (mob: 98206 43510).

Mr Kotak says that this is only one of several instances where powerful people use the police as puppets to get their opponents illegally arrested in violation of Supreme Court directions and several legal provisions. “To curb this tendency, FEAT is supporting citizens who take action for holding police accountable for complying to arrest guidelines,” says Mr Kotak.

The group of activists holds that they were mala-fidely targeted at the instance of Chief State Information Commissioner Dr Suresh Joshi, in a colorable exercise of power, and substantiate it with the fact that although the complaint made on the Chief SIC’s behalf did not speak of assault, rioting, trespass etc, the Marine Drive Police Station included such non-bailable offences in the FIR deliberately in order to justify jailing the activists. “By filing this FIR and carrying out these arrests, the policemen went far beyond the call of their duty, themselves committed many criminal offences – IPC sections 166, 167, 219, 220 and also contempt of the Supreme Court order in the case of Joginder Kumar Vs. State of UP. They also breached clear directions given by Maharashtra’s Director General of Police in 1994,” they allege.

PRESS KIT:

1) To download the Citizens’ Police Complaint being made on 4th Feb 2010, click on: http://www.box.net/shared/mgfdyh9ftc

2) For other background details, Police guidelines for arrests etc, click on: http://www.box.net/shared/s44jjuytr6

3) Detailed account of how the ten activists were arrested on 19th May, 2009: http://www.box.net/shared/2td1qqf7sx

4) Contact numbers of activists who intend to sign the Complaint today:
G R Vora -- 98691 95785
Mohd Afzal -- 98204 90435
Sunil Ahya -- 98200 71606
Krishnaraj Rao -- 98215 88114
Ravi Kiran Haldipur -- 2837 7214
Dr Sriram Prabhu -- 98330 99990
Sanjay Ghatalia – 98201 50974

5) Relevant IPC Sections mentioned in Press Release & Police Complaint:

166. Public servant disobeying law, with intent to cause injury to any person

Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

Illustration

A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z's favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section.

167. Public servant framing an incorrect document with intent to cause injury

Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document, frames or translates that document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

219. Public servant in judicial proceeding corruptly making report, etc., contrary to law

Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

220. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law

Whoever, being in any office which gives him legal authority to commit persons for trial or to commitment, or to keep persons in confinement, corruptly or maliciously commits any person for trial or to confinement, or keeps any person in confinement, in the exercise of that authority knowing that in so doing he is acting contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.


Warm Regards,

Krish

98215 88114