Published On : Fri, May 29th, 2020

High Court issues notice petition filed against illegal detention

Justice Sunil Balkrishna Shukre and Justice Anil Satyavijay Kilor have issued notices to Chief Secretary, Mantralaya, Superintendent Of Police Gadchiroli, Mohit Kumar Garg, Addl S. P Gadchiroli and others in a petition filed for illegal detention and compensation. A petition has been before the Hon’ble High Court claiming action and compensation against the illegal detention caused to the petitioner, Shamsudin Jiwani, R/o of Armori, Dist. Gadchiroli. It has been contended in the petition that, the petitioner was an investor, and was cited as a witness in Crime no. 310/2019 of Maharashtra protection of investors and depositors act.

The petitioner has stated that, he was lured by the accused of crime no 310/2019 to invest in the scheme floated by the accused and subsequently, it transpired that the accused had practiced a fraud and offences under 420 of the I.P. Code R/w Sec. 3 of MPID Act, came to be slapped against the accused and the petitioner along-with other villages/investors came to be cited as a witness in the charegsheet filed against the accused in August 2019.

The petitioner claims that, on 9/05/2020, the Addl. Superintendent of Police, Gadchiroli, Mohit Garg, summoned the petitioner through the office of the Crime Branch Gadchiroli. The summons was issued to the petitioner at about 10 AM on 9/05/2020 and he was directed to remain present before the police officials at 11 AM itself. When the petitioner went to the office of Crime Branch, the police officials informed the petitioner that, on the instructions of Mohit Garg, Addl. S.P., the petitioner was made to be summoned.

The petitioner was thereafter detained in the crime department and office of S.P. which are in the same building, from 9/05/2020 to about 3.30 PM on 10/05/2020. The petitioner was forced to give an undertaking on 10/05/2020, on the instructions of Mohit Garg, that the petitioner had come to the crime department on 10/05/2020 and was released on the same day. So also, before letting the petitioner go, on the instructions of Mohit Garg, the police personnel, forcefully subjected the petitioner to undergo medical examination in the Govt. Hospital.

The petitioner has also alleged that, Mohit Garg, had snatched away the petitioner’s mobile phone in the evening of 9/05/2020 and the same has not yet been returned back till date. So also, the said officer, Mohit Garg, threatened, abused in filthy languages and tried to compel the petitioner to do accept certain acts which he had not done. So also, the petitioner, who is a critical diabetic patient was not permitted to have food and medicine, resulting in petitioner falling unconscious once in the night of 9/05/2020 and once in the afternoon of 10/05/2020.

So also, inspite of having detained the petitioner illegally from 9/05/2020 to 10/05/2020, the provisions as laid down by the Supra D.K. Basu and also the provisions as envisaged under Article 21 & 22 of the Constitution of India had not been complied. Likewise , the petitioner has stated that, inspite of national lockdown, and without there being any orders of further investigation in crime no 310 of 2019, the said officer had wilfully subjected the petitioner to the fear of prevailing Covid 19 by subjecting the petitioner to face public and remain in public places for absolutely no fault on his part.

Being aggrieved by the high-handed, arbitrary and illegal acts at the hand of Mohit Garg, Addl S P, the petitioner, fearing further atrocities, has filed the petition, claiming punitive action against the said officer and has also claimed heavy compensation by invoking Article 32 of the Constitution Of India, on account of the illegal detention. The petitioner has contended that, thereafter, the said officer further called upon the petitioner on 17/05/2020 and thereafter on 19/05/2020 and on 19/05/2020, the petitioner was again threatened by the said officer, Mohit Garg with dire consequences.

Fearing threat to his life and since the entire set of actions are squarely violative of the fundamental rights as guaranteed to the petitioner, the petitioner has moved before the Hon’ble High Court, soliciting proper and punitive action against the responsible officer.

Adv. Prakash Naidu assisted by Adv. Joseph Bastian and Adv. Surabhi Godbole appeared in the matter.