IN THE HIGH COURT
OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1679 OF 2007
Indur Kartar Chhugani .. Petitioner
vs.
State of Maharashtra & Ors. ..
Respondents
Mr.Indur Kartar Chhugani, petitioner in person
Mr.S.R.Borulkar, P.P. with Mr.V.B.Konde-Deshmukh
A.P.P. for the State
Ms.Shobha Ajeet Kumar for respondent no.3
CORAM: J.N. PATEL &
A.A. SAYED, JJ.
DATE: 24TH OCTOBER, 2007.
P.C.
1. The petitioner wants to carry out the
amendment to the petition and the prayer clause
so as
to bring additional facts on record and seek
relief.
Leave granted accordingly.
2. The petitioner submitted that in the affidavit
in reply which is tendered to the court today,
there
is not a whisper of the fact as to why the Senior
Police Inspector of the concerned Police Chowky
furnished to him false information under the
Right to
Information Act and if the respondent Police
Department claim that the information furnished
is
true they should file an affidavit of the
concerned
officer.
3. We hope that the learned P.P. would take note
of this fact. We would like to observe that in
case
the information furnished was false, an apology
from
the Police Department would meet the ends of
Justice
and that would show that the Police Department
can
also express an apology when found on the wrong
side
of the law.
4. An affidavit in
reply tendered to the court is
sworn in by Mr.Hemant Kamalakar Karkare, Joint
Commissioner of Police (Administration) Brihan
Mumbai.
Mr.Borulkar, the learned Public Prosecutor,
assures
the court that the respondent Police Department
is
prepared to mend and rectify the illegality in a
phased manner and express its gratitude to the
petitioner for bringing to the notice of the
State
Government the illegalities and errors committed
by
the Government in constructing Police Chowky and
obtaining electric connection.
5. It is submitted though not as an excuse but by
way of exigencies of the circumstances that this
Police Chowky was required to be constructed in
haste
considering the exigencies of time. The
illegalities
in taking electric connection is not directly
from the
supply lines but by requesting the neighbours.
This
contention is strongly refuted by the petitioner
who
says that there are so many instances which can
be
verified that electric connection is taken
directly
from the supply lines.
6. Mr.Borulkar, the learned Public Prosecutor
submits that he would get all the electric
connections
to the police station as well as police chowkies
inspected by the Electrical Inspector appointed
under
the Electricity Act, 2003. The petitioner submits
that he will be also adding the Electric supply
companies and the Electrical Inspector under the
Electricity Act, 2003 as party respondents. That
would resolve the issue. Leave granted
accordingly.
7. This court holds Bombay Police in high esteem
and they should live upto its expectations. It
does
not go quite well that the force should indulge
in
such illegalities which if committed by the
ordinary
citizen will be visited with criminal prosecution
and
punishment as provided under the law, further, on
both
counts they are cognizable offences.
8. We therefore, give a fair opportunity to the
Police force to refurbish its image in so far as
construction of police stations / chowkies are
concerned and the source from which they receive
facilities like telephone, electricity and so on.
It
appears that the fault lies somewhere else and
that is
with the Home Department for lack of planning,
provision of sufficient funds and facilities to
the
police force which probably led to all these
illegalities. We hope that the learned Public
Prosecutor would apprise the highest official of
the
State Government i.e. Additional Chief Secretary
(Home) of our order and we expect that the Home
Department would take appropriate steps in the
matter
and provide the required infrastructure to the
police
force which should be in due compliance of all
legal
sanctions from respective authorities.
9. Prima facie, this court does not appreciate
the police department to be sponsored by private
persons / organisations except in case of
emergencies
where the State is not in a position to come to
the
rescue of the police force and, therefore, the
police
should depend on patronage and sponsorship either
for
performing their sovereign duties or welfare
activities as it virtually leads to extortion and
hapless citizen is incapacitated to protect
against
such dubious ways and means adopted by the police
force. The welfare of the force should be of
paramount importance to the Home Department if
they
expect it to function in a meaningful manner and
effectively discharge their sovereign functions.
This
will help the Police force to win the trust and
confidence of the common man and inspire them.
10. We adjourn the petition after Christmas
Vacation to enable the respondents to rectify the
deficiencies highlighted in the petition. We
expect
that on the next date, Additional Chief Secretary
(Home), Government of Maharashtra will file
compliance
report in this court. Let this not be restricted
to
the Police force of Greater Mumbai but also be
implemented throughout the State.
11. Stand over to 9th January, 2008.
(J.N. Patel, J. )
(A.A. Sayed, J. )
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