Bombay High Court Demands State’s Reply in PIL Depicting Cases of Police Savagery in Mumbai During Lockdown

Must Read

Himachal Pradesh High Court Supports Promotion Based on Seniority of Post Rather Based on the Eligibility Test

In the case of Ramesh Chand Versus State of Himachal Pradesh & Others, the petitioner, reached the court as...

NCDRC Dismisses PIL against Urologist, Holy Family Hospital, Says Mode Of Treatment Or Skill Differs From Doctor To Doctor

The National Consumer Dispute Redressal Commission (NCDRC) dismissed a petition against Holy Family Hospital and a Urologist, alleging negligence...

Himachal Pradesh High Court Disposes Suit for Possession and Permanent Prohibitory Injunction Due To Mutual Consent

In the case of Parveen Kumar vs Smt. Vijay Laxmi and Ors, the Petitioner, Parveen had filed a suit for declaration,...

Supreme Court Appoints Committee To Examine Arbitrariness of Sealing of Resorts in Elephant Corridor, Tamil Nadu

A Full Bench headed by the Chief Justice of India, in the matter of Hospitality Association of Mudumalai V. In...

Madhya Pradesh High Court Rules That Export Ban on N95 Masks & PPE Kits Does Not Violate Fundamental Right of Traders

The Madhya Pradesh High Court held that the formulation and regulation of trade policies were within the subjects of...

Delhi High Court Issues Notice To Two Pleas Filed Praying for Recognition of Same-Sex Marriage

The Court heard two writ petitions which urged that the Special Marriage Act and the Foreign Marriage Act be...

Follow us

The Bombay High Court directed the State government to reply to the contentions raised in a PIL. The issue raised was regarding increased cases of police brutality in Mumbai during the lockdown imposed due to the Covid-19 pandemic.

Introduction

Chief Justice Dipankar Datta and Justice MS Karnik heard a PIL filed by Advocate Firdaus Irani. He is an advocate and activist. He alleged that a group of men in plainclothes assaulted him, his wife and his two sons. They were assaulted outside their house in Goregaon. The men included some policemen and MCGM officials.

Facts & Issues of the Case

Irani contends that on April 16, 2020, he arrived outside his house along with his wife. He saw a group of men in plainclothes along with police officers and MCGM officials were shooting away hawkers. Furthermore, he started to walk towards his house with his wife. Then, a man in plain clothes armed with a lathi in hand charged at him hurling abuses. Later, ten others joined him. They too started threatening the petitioner. His two sons came to his defence, but they were unable. Consequently, the petitioner, his wife and two sons were beaten up in the courtyard of the house.

The petitioner tried to file a police complaint immediately after the incident. Instead, a notice under Section 41 A(1) of CrPC was issued to him. The notice alleged him of committing offences under Sections 188, 269 and 34 of IPC. Moreover, it alleged that police officials terrorise residents in the Goregaon area. They took hefty bribes from shopkeepers for keeping shops open throughout the day. The hefty amount usually is between 5000 and 25000. Moreover, the illegal and unauthorised hawkers were able to sell goods with impunity.

The PIL

“The root cause responsible for rising of rogue elements within the police machinery is due to the toothless implementation of the guidelines issued by the Supreme Court in the case of

Parkash Singh & Ors v. Union of India & Ors.”

The petitioner marked a report by a human rights organisation. The report is stating that a total of 15 persons died across the country. The reason is due to police brutalities committed during the lockdown. Furthermore, two such cases are from Mumbai.

Court’s Decision

Assistant Government Pleader Jyoti Chavan appeared for the state government. She opposed the prayers in the PIL. She submits that these are one-off incidents. Furthermore, she added police authorities are performing their duties as per the law. The state sought time to file a reply in the matter, and the bench allowed time for specific days.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

 

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Himachal Pradesh High Court Supports Promotion Based on Seniority of Post Rather Based on the Eligibility Test

In the case of Ramesh Chand Versus State of Himachal Pradesh & Others, the petitioner, reached the court as he was aggrieved by the...

NCDRC Dismisses PIL against Urologist, Holy Family Hospital, Says Mode Of Treatment Or Skill Differs From Doctor To Doctor

The National Consumer Dispute Redressal Commission (NCDRC) dismissed a petition against Holy Family Hospital and a Urologist, alleging negligence in diagnosing the septicemia and...

Himachal Pradesh High Court Disposes Suit for Possession and Permanent Prohibitory Injunction Due To Mutual Consent

In the case of Parveen Kumar vs Smt. Vijay Laxmi and Ors, the Petitioner, Parveen had filed a suit for declaration, possession and a permanent prohibitory...

Supreme Court Appoints Committee To Examine Arbitrariness of Sealing of Resorts in Elephant Corridor, Tamil Nadu

A Full Bench headed by the Chief Justice of India, in the matter of Hospitality Association of Mudumalai V. In Defence of Environment and Animals...

Madhya Pradesh High Court Rules That Export Ban on N95 Masks & PPE Kits Does Not Violate Fundamental Right of Traders

The Madhya Pradesh High Court held that the formulation and regulation of trade policies were within the subjects of the Central Government. Any reasonable...

Delhi High Court Issues Notice To Two Pleas Filed Praying for Recognition of Same-Sex Marriage

The Court heard two writ petitions which urged that the Special Marriage Act and the Foreign Marriage Act be interpreted to also apply to...

Supreme Court Allows Appeal Challenging Allahabad High Court Order Granting Interim Bail on Medical Grounds

An appeal was filed before the Supreme Court, challenging the Judgment & Order of the Allahabad High Court in the matter of State of U.P...

Bombay High Court Allows Petition Seeking Lawyers and Legal Clerks To Travel in Local Trains

The present hearing arose out of a batch of Public Interest Litigations that was filed in the Bombay High Court to permit the members...

Provisions for Retirement of Teachers Must Be Read With the Larger Interest of Students in Mind: Supreme Court

Supreme Court in Navin Chandra Dhoundiyal v State of Uttarakhand reinstated the appellants to their position as Professor on basis of re-employment till the...

Parties Cannot Deny Specific Performance Merely Due To Delay: Supreme Court

The Supreme Court, in Ferrodous Estate v P Gopirathnam, revisited the law on the specific performance of a contract. It reiterated that mere delay...

More Articles Like This

- Advertisement -