Assault on advocates inside police station: Bombay High Court transfers FIR from Antop Hill to Matunga

The Court has instructed the Antop Hill police station to transfer the CCTV footage of their station to enable the ACP, Matunga division, to conduct an impartial and fair investigation.
Bombay High Court
Bombay High Court

A case involving allegations of attack on two lawyers inside the Antop Hill police station premises was transferred by the Bombay High Court from the Antop Hill police to the Assistant Commissioner of Police (ACP) of Matunga division.

The two lawyers had made serious allegations of assault and illegal detention by police officers at the Antop Hill police station.

The lawyers claimed that despite a written complaint against the errant officials, no first information report (FIR) was registered.

A division bench of Justices Revati Mohite Dere and Gauri Godse decided that the case ought to be transferred to another police station to ensure an impartial investigation.

"We do not want this police station to do anything further. Speak to the Antop Hill DCP. We want this to be transferred from Antop Hill police station to some other police station and some senior officer to supervise. We do not want them to be instructing you (public prosecutor) also," the bench said.

The Court was informed that Antop Hill police station had 7 CCTV cameras, which would have footage of the incident.

Advocate Uday Warunjikar, appearing for the complainant-lawyers, expressed his apprehension that the footage may be tampered with.

The Court, therefore, instructed the Antop Hill police station to transfer the CCTV footage at the station to the ACP of Matunga Division by the end of day today.

"It shouldn't happen that some footage is deleted. Because it happens. We have seen from our experience. Some experts are appointed and footage is deleted," the Court warned.

The two lawyers approached the High Court seeking registration of a FIR against senior inspector Nasir Kulkarni and other police personnel of Antop Hill police station.

According to the plea, one of the petitioners, Sadhana Yadav, had dialed 100 to register a complaint of harassment. She was called to Antop Hill police station on May 18, where the second petitioner, Harikesh Sharma joined her.

Senior Police Inspector (PI) Nasir Kulkarni allegedly responded disrespectfully, the plea stated. The petition further stated that Sharma suggested leaving the station due to such inappropriate behaviour.

Following this, Kulkarni and his colleagues allegedly intimidated the two lawyers and brutally assaulted them inside the police station.

Aggrieved by such treatment, the petitioners approached multiple authorities including the Home Secretary, the Court was told.

However, despite these efforts, no FIR was registered, the petitioners contended.

[Read order]

Sadhana O. Yadav and Anr v. Nasir Kulkarni and Ors..pdf
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