LAWS(BOM)-2022-1-76

BHASKAR SHASHANK SARKAR Vs. STATE OF MAHARASHTRA

Decided On January 14, 2022
Bhaskar Shashank Sarkar Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) On 31/12/2021, this Court passed the following Order :

(2.) As stated hereinabove, the Court was assured by Shri Swami, Deputy Commissioner of Police, Zone-8, that he will leave no stone unturned in tracing Ms. Uma Shashank Sarkar if ten days are given to him. The matter was therefore adjourned to 14/1/2022, i.e. today, only because of the assurance given to us by Shri Swami.

(3.) Today, we are informed by the Additional Public Prosecutor that the police authorities have not been able to trace the whereabouts of Ms. Sarkar and Shri Swami, Deputy Commissioner of Police, Zone-8, is quarantined since the last 3-4 days and is therefore unable to remain present before us through video-conferencing. The Additional Public Prosecutor has tendered a long report running into about 9 pages. The report expected from the police authorities ought to only set out the attempts made by the police authorities in the last two weeks to trace Ms. Sarkar. Instead the report submitted in Court, which is endorsed by the Senior Police Inspector, Kasarvadavali Police Station, Thane, sets out that, Ms. Sarkar did not get along well with other members of the society, they did not pay their monthly rent on time to the landlord/owners of the flat and hence they were called upon to vacate the flat. This clearly shows that the police authorities are only making futile attempts to blame the family of Ms. Sarkar, despite knowing fully well that Ms. Sarkar who had gone missing was brought to the Police Station on 16 th February, 2021, and the police authorities despite knowing that she had problems with regard to her memory, had allowed her to leave the Police Station at around 8.00 p.m. to 8.30 p.m. on the same day, instead of keeping vigilance on Ms. Sarkar. The particulars set out in the report shows that the author of the report, including the Senior Police Inspector who has endorsed the report are not aware what is expected by the Court, i.e. as stated hereinabove to submit to the Court the details with respect to the steps taken by them in the last two weeks to trace Ms.Sarkar. The contents of the said report leaves much to be desired. No concrete and noteworthy steps seem to have been taken by the police to trace a senior citizen suffering from memory loss who has gone missing since the last nearly 11 months, and that to due to lack of police vigilance and care.