comment : This is the third such incident before the Bombay HC this year. !!
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Couple held for 36 hrs, HC blasts police
By Shibu Thomas, TNN | Dec 4, 2012, 05.57 AM IST
MUMBAI: Slamming the police for detaining an elderly couple for 36 hours in a dowry harassment case without showing them as arrested, the Bombay high court on Monday said, "If it was allowed, this would have been the easiest thing to do-—keep an accused in custody for investigation without showing him as arrested."
The court indicated that the state government may have to shell out compensation to the couple for the illegality. "The state cannot deny responsibility (for the police action ). It allows such police officers to continue till superannuation ...it has to bear the consequences ," the judges said.
The case dates back to 2011, when a criminal complaint of dowry harassment was registered against Niraj Zariwala and his elderly parents Ramesh (66) and Hansa (63) by his wife at Navghar police station in Mulund. Around 8.20pm on December 2, 2011, sub-inspector Mahadeo Nikam, the investigation officer in the case, picked up Ramesh and Hansa from their home in Aurangabad. They were first taken to Sholapur and then brought to Mulund. At 8.10am on December 4, they were officially shown as arrested. The Bhoiwada court released the senior citizens on bail the same day.
"If they had been arrested on December 2 as the law mandates, they could have moved for bail the same day. Instead, they were illegally kept in custody for 36 hours without being told the reason for their detention. Their relatives too were not informed," said advocates V D Purwant and Sachin Deokar who represented the couple.
The court had earlier transferred the probe to Vikhroli police station. On Monday, the court also sought to know why the then senior police inspector of Navghar police station had not taken remedial measures after checking the police station register. The high court has reserved the judgement in the case.
This is the third such incident before the Bombay HC this year.
In March, the court directed the state to shell out Rs 2.75 lakh to SoBo resident Veena Sippy, who was illegally put in the lock-up for a night. Last week, the court asked the state to pay damages of Rs 15,000 to Bhiwandi's Kadar Solanki for illegally detaining him in a police station for a few hours.