URGENT PRESS STATEMENT




 POLICE REFORMS WATCH
  Networking with Commonwealth Human Rights Initiative (CHRI), New Delhi

  43, Kalina, Santacruz East, Mumbai - 400 029. l Tel : 98202 26227 

  Email : policereformswa...@gmail.com l www.humanrightsinititiative.org

  29/08/14

  URGENT PRESS STATEMENT

  ENSURE SWIFT, DECISIVE AND LEGAL ACTION AGAINST THE POLITICAL INTIMIDATION 
AND ASSAULT BY MAHARASHTRA MP AGAINST NAVGHAR POLICE, Press Statement

  Police Reforms Watch & the Commonwealth Human Rights Initiative

  Mumbai, August 29, 2014

  Police Reforms Watch and the Commonwealth Human Rights Initiative condemn the 
brazen and unlawful actions of BJP Member of Parliament (MP) from Mumbai Kirit 
Somaiya against the Navghar police, and demand swift action in this clear case 
of political intimidation and assault.  It is commendable that the police 
withstood the reported pressure in this matter and filed an FIR under IPC 
sections 332 (voluntarily causing hurt to deter a public servant from doing his 
duty), 353 (assault or criminal force to deter a public servant from his duty) 
and 506 (criminal intimidation).  It is imperative that the police continue to 
follow through, making sure this case is swiftly and properly investigated.  

  Mr Somaiya allegedly entered Mulund (East) police station in response to his 
BJP party workers, Parikshit Dhume and Vinod Khedekar, being summoned by the 
police in connection with a case of unlawful assembly registered in April.  
According to press reports, Somaiya confronted Inspector Sampat Munde alleging 
that his party workers were summoned without his being informed, threatened and 
assaulted him, and then left with his party workers in tow.  

  Any attempt to prevent or deter a public servant from doing his/her duty 
including use of criminal force and assault is an offence under the law and 
punishable up to three years of imprisonment. As part of investigative powers, 
the police have the authority to require someone to appear before them if they 
have reasonable grounds to believe the person has committed a cognizable 
offence. In this case, the police were simply doing their duty by summoning the 
BJP (and NCP) workers to question them in connection with the case at hand. Mr 
Somaiya’s actions are a blatant disregard of police’s lawful authority. 

  Dolphy D’Souza, Convenor, Police Reforms Watch, says, “There is a vital 
principle in law that no one can interfere with police investigation. This 
principle cannot have exceptions based on favouritism or power.  Obstructing 
investigation is a crime and must be treated as such in all cases, whether it 
is by an MP or a common citizen. The police will not be able to do a 
professional job and serve the people if they are intimidated by their local 
politicians”.

  This incident speaks of blatant political interference in policing. In bad 
tidings for Maharashtra, the recently passed Maharashtra Police (Amendment and 
Continuance) Act 2014 entrenches near total political control over the police. 
This law leaves the police at the mercy of politicians, and fails to put in 
place the police-politician relationship fit for a democracy.

  This case must be dealt with by effective investigation which is by the book. 
Any delay will indicate the weakness of the police and the abuse of position of 
the legislator. As concerned groups, we stress that this is not an issue of one 
institution against another or the supremacy of one over the other, but 
singularly about the primacy of law over all who live in India. 

  For more information, contact: 

  Dolphy D’Souza

  Convenor, Police Reforms Watch

  policereformswa...@gmail.com

  09820226227

   


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