MARY KUTTY THOMAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The protector of the law is sought to be placed in the dock by a private citizen while one judicial forum practically removed him from that situation. The petitioner herein is the wife of one Thomas Kurian alias Khaja, residing in Sion area of this metropolitan city along with her husband and the children. Her husband runs a restaurant as also a wine shop located at Antop Hill Road for quite some time under the name and style as

(2.) The wife then gives her account in a very sorrowful manner how her husband was directly involved. According to her it was on July 29, 1982, that her husband was arrested by the police attached the same Police Station in respect of the same case wherein on the previous day the other three accused were arrested. Her husband was then produced before the said Court when he made a categorical complaint of ill-treatment at the hands of Police, stating in clear terms that he was brought from Chembur by about three or four Police Constables on 28th instant at about 9 p.m. and from there he was taken to Matunga Police Station where he was subjected to physical assault with fists on stomach and back. The husband complained of pain and was feeling giddy, which was also ventilated to the learned Magistrate and an application was made by a Advocate on his behalf with a request to get him medically examined. Despite that, according to her, her husband was remanded to police custody for one day.

(3.) It is then on the next day i.e. on July 30, 1982 that according to the wife something more was in store. On that day, her husband was produced in the said Court at Kurla where a direct complaint about the ill-treatment was filed. The learned Magistrate recorded that complaint, the gist of which is to the effect that on July 29, 1982 some time at 8-30 p.m. in the said Police Station, at Matunga, the Deputy Commissioner of Police Shri Pawar, assaulted him with fist-blows on both ears and stomach which operation of assault continued for quite some time, on account of which he sustained pain near the ear on both the sides as also in the stomach on account of which he lost appetite and had difficulty in urination and had also a feeling that his hearing capacity has been impaired. There was also, swelling over the side of both ears. Thereafter the said Deputy Commissioner of Police, took him to Raoli Camp at Sion Koliwada in Police Jeep and thereafter made him walk upto his shop. Shri Pawar had accompanied and it is at that point of time, that the said Deputy Commissioner of Police slapped on his cheek and gave a forcible kick from his back side. As per the allegations of the wife, not only her husbands complaint was written down, but the learned Magistrate also noted the injuries found on his person. It was also indicated with no uncertainty by the husband that he was paraded in the locality with handcuffs by the said D.C.P. and subjected to repeated assault by the said D.C.P. as well as by some Police Constables. The wife further claims that this assault was not a matter of any secrecy but was witnessed by the people in the locality which included one Dr. Agarwal, Dr. Talati and one Balkrishna Oban, who is the Proprietor of Anand Grills. Not only that but these very witness were present in the said Court on July 30, right from 11 a.m. till her husband was remanded to Jail custody, after he had made grievance about the ill-treatment. It is further claimed that in support of the said allegation even the photographs were taken showing that her husband was paraded with the handcuffs in that locality by the said D.C.P. and actually tendered the photos before the learned Magistrate. It is ultimately claimed that the learned Magistrate recorded all these features in the said proceedings, remanded the accused to jail custody and also issued directions for the medical examination, which was in addition to the learned Magistrate himself noting down in the proceeding the injuries seen by him on the person of her husband.