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
