Builder kidnapped for filing case against corrupt cop …….Bapu Deedwania
Bombay High Court asks State Government to expedite investigation into the matter; asks police to provide security to the victim
Bombay High Court asks State Government to expedite investigation into the matter; asks police to provide security to the victim
Bombay High Court on Monday instructed the State to expedite investigation into a petitioner’s allegation that he was kidnapped and threatened to drop a case of corruption against a senior police inspector.
The petitioner Firoz Usman Tinwala had earlier laid a trap with the Anti-Corruption Bureau (ACB) to catch the cop red-handed.
Tinwala, a builder by profession, registered a complaint with the ACB in 2005 against Sahebrao Survade, Senior Police Inspector, and Uttam Jagtap, Police Sub Inspector, from R A Kidwai Marg police station.
Both were arrested in the case and later released on bail. After investigation, the ACB filed a final report, which is currently pending in the special court for ACB.
Counsel Milan Desai said that besides being the first informant in this case, Tinwala was also a Prosecution witness in the case.
Desai told the court that on February 5, 2010, at about 4.30 pm, two persons armed with a knife stopped Tinwala near Wadi Bunder and forced their way into his car. “The two men told him, at knife-point, that if he deposed before the court in the matter he would be finished.
They also said that Survade was a Crime Detection Officer and could get Tinwala caught on any pretext,” said Desai. Desai also informed the court that Tinwala was instructed to not go to the police.
After the incident, Tinwala went straight to the Sessions Court and narrated the incident to the judge presiding over the case. The judge instructed him to report the incident to the Commissioner of Police.
In his petition, Tinwala stated that the Commissioner directed him to approach Joint Commissioner of Police (Law and Order) Himanshu Roy.
The latter merely gave him an assurance that he would look into the matter. He stated that despite repeated efforts his complaint has not been registered and hence he approached the high court.
Public Prosecutor Dr F R Shaikh said that a complaint was registered on March 7, 2010. “The petition in this court was filed way before that. The complaint was accepted only yesterday,” Desai said.
The division bench of Justice Ranjana Desai and Justice Mridula Bhatkar stated, “The matter should be expedited. Police should not fear investigation into this matter fearing that the accused is from their fraternity.
If we find at any point that things are not dealt with properly, we will call for the case papers.” The judges further said that the application by Tinwala for security should be looked into by the Commissioner of Police in accordance with law.