JAYWANT P SANKPAL Vs. SUMAN GHOLAP

JUDGEMENT

(1.) The Petitioner herein has challenged the order of the Bombay High Court dismissing the Criminal Writ Petition No. 1839 of 2005, in which he had challenged the order dated 19th October, 2004, passed by the Maharashtra State Human Rights Commission in Case No. 1912/2002/3258. The complainant in the said case was one Smt. Suman Sriram Gholap, the Respondent No. 1 herein. In the said complaint, the State of Maharashtra was made the Respondent No. 1 through the Commissioner of Police, Brihan Mumbai. The Respondent Nos. 2, 4 and 5 were police personnel attached to Shahunagar Police Station, Mumbai-17. The Petitioner herein was made the third Respondent in the said complaint case. It was the case of the complainant that the Respondents had violated the human rights of one Baban, the son of the complainant, within the scope of Section 12(a) of the Protection of Human Rights Act, 1993.

(2.) The facts revealed in the complaint and which came to light during the hearing thereof by the Maharashtra State Human Rights Commission, Mumbai, hereinafter referred to as "the Commission", indicate that the complainant, who is a widow, had two sons, one Kisan and the other Baban. She resides in Sanjay Gandhi Nagar Zopadpatti, Matunga, and works as a domestic servant to earn her livelihood. Her elder son, Kisan, lives with his family at Vashi at New Mumbai and the complainant lives with her unmarried younger son, Baban, at Matunga. In 1998, Baban was arrested by the Dharavi Police in connection with a case which was tried by the Court of Sessions and he was acquitted in respect thereof on 2nd May, 2002. Thereafter, various cases were lodged against Baban and after his acquittal in the case filed by the Dharavi Police, he left Matunga and went to reside with his elder brother at Vashi where he earned a living by selling fruits as a street vendor. On weekends he used to come to see the complainant and on 30th June, 2002, he had come to Matunga to meet the complainant. While he was at his mothers place of residence, the Respondent No. 4 before the Human Rights Commission, ASI K.R. Kubel, along with some other police personnel, came and asked Baban to accompany them to the police station. He was, however, released on the next day.

(3.) On 8th August, 2002, at about 8.00 a.m., Baban had gone to the stall of one Abbas Bhai. According to the complainant, he was assaulted and injured by the said Abbas Sayyed Ali Kadri @ Abbas Ali. The complainant took him with bleeding injuries to the police station where she was asked to wait by the Duty Officer. In the meantime, the said Abbas Ali and his three brothers and some women came to the police station and soon thereafter the police personnel came out and started assaulting Baban. The petitioner herein told the complainant to leave the police station. It is the complainants case that she was also abused and forcibly removed from the police premises while Baban was detained. An hour later, the police personnel took Baban to hospital while the complainant went home.