Sitabuldi cops get court rap for arresting builder who didn’t wear helmet

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Nagpur: Helmet rule is bothering big time to Nagpur citizens now as the drive has gone far beyond than just ensuring safety. Apart from the source of milking huge revenue (read if ‘sidekicks’), the helmet drive has also turned as a tool to humiliate citizens. Taking strong cognisance of the trend, the Nagpur District and Sessions Court flayed two policemen for overstepping their boundaries, while arresting a builder, for not wearing a helmet. The court directed immediate release of applicant Harishwar Mendhre, without any bail, surety, PR Bond or other formalities.

Judicial Magistrate First Class (JMFC) JR Ghagde directed investigating officer (IO) KR Gavai and police inspector (PI) of Sitabuldi Police Station Satyajit Bandiwar to appear before it. The duo was asked to submit written explanation on what led them to breach the law laid by the Supreme Court while delivering a landmark verdict in case of Arnesh Kumar versus Bihar government.

Mendhre was stopped at Jhansi Rani Square by the police staff on duty for not wearing a helmet while driving a two-wheeler. The cops allegedly tore his shirt and publicly humiliated him which led to an altercation between them and the applicant. Subsequently, he was booked under Sections 353, 332 and 294 of the Indian Penal Code and put behind bars for almost two days, just before Diwali, on Friday and Saturday.

Mendhre’s counsels — Aakash Gupta and Amol Darekar — contended that their client’s arrest was a gross violation of the apex court’s decision. The SC had ruled that police officers shall not arrest persons without recording specific reasons under the Code of Criminal Procedure (CrPC), in case the offences are punishable with a term of seven years or less.