Media...Not Reporting...Even... Bom. HC...Contempt of Court NOTICE Orders ...Issued to... DGP...Sanjeev Dayal (Maharashtra)... DGP Home Guards...Ahmed Javed... Principal Secretary Home Dept. ... & Other Cops...Ex-DCP Purushotam Karad, SPIs Laxman Kale & Raosaheb Sardesai... in my Case ???!!! WHY ???!!!...Why Media is Not Reporting...Even Such SERIOUS...Court Orders...in my Case???!!! Because...I am Poor & Small...&...THEY are Big & Powerful ???!!! Whenever I Call...Media / Journalists / PTI...to Write about my Case...They say We will Write when the Court Passes some Order...But...When I tell them the Court has Passed an Order...Media Does NOT Report ???!!! Please see...the Bom. HC...Contempt of Court NOTICE: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO.134 OF 2014 IN CRIMINAL WRIT PETITION NO.1857 OF 2012 Mohini Naraindas Kamwani & Anr. ...Applicants vs. Sr.Police Inspector, Vashi and Ors. ...Respondents Mr.Dilip Naraindas Kamwani, applicant No.2 and Power of Attorney of applicant No.1 present in person. Mr.J.P.Yagnik, APP for the State. CORAM : V.M. KANADE & P.D. KODE JJ. JUNE 12, 2014 P.C.: .1. This Miscellaneous Application has been filed in criminal Writ Petition No.1857 of 2012 which has been disposed of by judgment and order passed by the Division Bench of this Court on dated 13th June,2013. This criminal Writ Petition was filed by the applicants inter alia seeking direction to the respondents to register an offence against the offending police officers who have violated their fundamental rights and not followed the directions given by the Apex Court in the case of “D.K. Basu v. State of West Bengal 1997 (1) SCC 416”. 2. The Division Bench allowed the writ petition No.1857 of 2012 and directed the respondents to pay an amount of Rs.3,00,000/ each to both the applicants within a period of eight weeks. Further direction has been given to pay interest at the rate of 10% per annum, in the event the said amount is not paid. The direction was also given to police officers of Vashi police station to examine the complaint submitted by the petitioner and take steps in accordance with the law. 3. Since the amount has not been paid the applicants have taken out this miscellaneous application seeking reliefs mentioned in prayer clause 4 (a),(b) and (c). 4. The applicants have therefore prayed that the Chief Secretary, Government of Maharashtra and D.G.P. should be directed to make urgent payment of Rs.6,00,000/ with interest in seven days and subsequently to take suo moto cognizance of the case. 5. The facts of this case disclose the complete insensitivity which the police have shown in this case. It appears that it was a family dispute between the applicant Nos.1 and 2 and the grandson of applicant No.1. It is alleged that the grandson of applicant No.1 had tried to forcibly obtain her signature on certain documents and therefore they had called the police to file a complaint. Thereafter since no action was taken by the police, the applicant No.1 had made representation to various authorities and had also threatened that if no action is taken, applicants would go on indefinite hunger strike and they would also self immolate themselves. However, subsequently by sending email, she had informed the concerned officer that she would not do any illegal act and therefore the threat of suicide by self immolation is withdrawn. It appears that in spite of this thereafter the applicant Nos.1 and 2 were taken to police station and they were detained there throughout the day and produced before the Magistrate and remanded to judicial custody for three days. They were not informed about the offence which they had committed and later on they were informed that action was taken under Section 151(3) of Code of Criminal Procedure. It must be noted that applicant No.1s husband was a freedom fighter and had taken part in the struggle of freedom along with great Mahatma Gandhi. 6. It is not in dispute that the applicants are honest citizens and there is a civil dispute between the applicants and their close relatives. Applicant No.2 thereafter was also assaulted by stick, as a result of which she suffered fracture. 7. Taking into consideration the aforesaid facts, we are of the view, that in spite of the directions given by this Court, the respondents have intentionally not paid the amount of compensation which was directed to be paid by this Court; even after SLP No.6534 of 2013 filed by them, was dismissed by the Apex Court on 23rd September,2013. More than eight months have passed and yet the said order passed by this Court has not been complied with. In our view, therefore it clearly amounts to willful disobedience and breach of the order of this Court. 8. We, therefore, direct the Chief Secretary, Government of Maharashtra to pay the compensation of Rs.3,00,000/ as directed, to both the applicants with interest at the rate of 10% within a period of two weeks from today. 9. In our view, this is a fit case where suo moto action has to be taken for non compliance of the directions of this Court. 10. We, therefore, issue show cause notice to respondent Nos.1 to 5 as to why action should not be taken against them for non compliance of the judgment and order and the directions given by this Court on 13th June,2013 in Criminal Writ Petition No.1857 of 2013. 11. Show cause notice is made returnable after four weeks. Office to serve the respondents expeditiously. 12. The respondents also are put to notice as to why an additional compensation should not be awarded for noncompliance of the order passed by this Court. 13. S.O to 10th July, 2014. (P.D. KODE, J.) (V.M. KANADE, J.) https://facebook/photo.php?fbid=682239778522140&set=a.107002192712571.15407.100002083720059&type=1&theater
Posted on: Sun, 31 Aug 2014 06:24:29 +0000
Trending Topics
Recently Viewed Topics
© 2015