Illegal detention of trader: HC issues notice to Gadchiroli police
   Date :01-Jun-2020
 

Nagpur bench of Bombay Hi
 
Staff Reporter ;
 
Nagpur bench of Bombay High Court has issued notice to Gadchiroli police on a petition alleging illegal detention. Shamsuddin Jiwani, a resident of Armori, approached the court seeking damages and compensation from the district police. In his petition, Jiwani claimed that he was harassed at instance of Additional Superintendent of Police Mohit Garg. He was cited as a witness in a case registered under The Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 but claims to be an investor and a victim.
 
Incidentally, Gadchiroli police had already filed a chargesheet in August 2019. Yet on May 9, 2020, the petitioner was summoned by Crime Branch at instance of Addl. SP Garg, said Jiwani citing talks with Crime Branch officials. The summons was issued at about 10 am on May 9, 2020 and he was directed to remain present before the police officials by 11 am that day itself. He was under detention at Crime Branch in building housing office of Superintendent of Police, Gadchiroli, from May 9, 2020, to about 3.30 pm of May 10, 2020.
 
He was also forced to give an undertaking on May 10, 2020, on the instructions of Addl. SP Garg that the petitioner had come to the Crime Branch on May 10, 2020 and was released the same day. He also alleged that Addl. SP Garg snatched away the mobile phone in the evening of May 9, 2020 and did not return it till date. The petitioner, a critical diabetic patient, was not permitted to have food and medicine, resulting in him falling unconscious once in the night of May 9, 2020 and afternoon of May 10, 2020. The provisions of Supra B K Basu and also the provisions as envisaged under Article 21 & 22 of the Constitution of India were not complied by Gadchiroli police, he claimed.
 
The detention was illegal as there were no order for fresh investigation in crime no. 310/2019 and despite national lockdown due to COVID-19 threat the officer willfully subjected petitioner to fear. He has contended that, the said officer further called him on May 17, 2020 and thereafter on May 19, 2020 issued threats. Adv Prakash Naidu assisted by Adv Joseph Bastian and Adv Surabhi Godbole appeared in the matter. Adv S P Deshpande waived notices for the respondents. The matter is listed after eight weeks.