Gujarat HC orally raped policeman accused of extortion

Bench with Justice Sandeep N. Bhatt gave a verbal reprimand to the police officer concerned, stating that instead of harassing people and abusing power, the police officer should rather focus on fighting real criminal activities such as drug trafficking, illegal alcohol trade and organized crime.

“Tamare Crime Branch has su karvanu che? Recovery ke public ne heran karvanu che.Variye Ghadiye kem bolava pade che. Police to seva mate hoie loko ni. Kayda thi kaam karvanu. (Translation: What do you do in the crime department? Are you collecting debts by harassing people? Why do we have to call you so often? The police are supposed to serve society, not abuse their power. You should work within your limits” a single judge noted orally.

The tribunal further ordered him to perform his duties conscientiously, show courage in solving real problems and not get involved in such matters. The Court stated:

“Jya apdi baahaduri batavani che jemke drug peddlers che, Daru nu che, Jugaar nu che, ema dhyaan devu joie ne apde jo apde crime branch ma betha hoie toh. Eva organized crime that is hoie, Apahraan thaya hoie, eva case ma apde jadap batavi joie. (Translation: If you work in the crime department, your courage should be directed towards solving real problems – drug trafficking, illegal alcohol sales and gambling crimes – not cases like the one you are now involved in. You should focus on organized crime, kidnapping and serious criminal activity.)“

Police Inspector who was accused of seizing one car Vijaybhai Gopalbhai Vishwakarmathreatening and physically abusing him in connection with a debt dispute, he had previously been summoned to appear in person in court.

The tribunal was hearing a criminal complaint filed by petitioner Vishwakarma, who sought an order against the alleged “criminal actions” of a police inspector and sought an inquiry into the matter. Advocate Dhruvin Bhuptani represented the petitioner.

According to the petitioner, a police inspector and a policeman extorted an amount of Rs 500. 1.5 lakhs from him in return for not registering an FIR against him in connection with the complaint filed in connection with the loan dispute. It was also alleged that his car was taken away, but it was later returned.

Taking into account Very shocking AND disturbing the allegations contained in the complaint, the Court had already had directed the competent authorities to preserve the CCTV footage of DCB Police Station, Rajkot on October 16 and 17, 2024 (where the petitioner was allegedly harassed).

On Tuesday, the APP representatives appearing on behalf of respondent No. 1 – State initially submitted that the police officials had indeed deviated from the normal procedure to be followed and action had been taken against them.

While considering this application, the Division Bench orally observed that many such cases came from Rajkot and not everyone had the courage to approach the court.

In a conversation with the police officer, the Tribunal asked him not to engage in such activities as they could affect his achievements. The court also reminded him to discharge his duties with all honesty and loyalty.

“Apde Gunegaro ne pakadvanu, je thatu hoie e karvu joie, avi badhi matter ma raas lai ne apde su batava mangiye che. Apdo labh thahto hoie nanakdo, koie kidhu hoi ke ama tamne aatla apshu, e barorbar nathi. Kayam mate Mushkeli thai jaie Naukri karvama evu apde na kariye, apdo record toru kem kharab karvo joie. Nishtha thi kaam karvu joie ne. (Translation: You should focus on catching criminals and doing everything legally. What do you want to prove by getting involved in these cases? If you receive any small benefit from these transactions or if someone offers you something in return, this is unacceptable. It would be best if you refrained from doing such things in ministry. It even worsens your performance. You should perform your duty with all loyalty,– the court stated orally.

The Court further observed that a police officer should not abuse the authority vested in him. The public places trust in police officers and if this trust is breached, it may lead to public protests against them, the Court added.

The tribunal also warned the police officer that if anything was found against him in the investigation, he would be in trouble and should be prepared for dire consequences.

“I report ma avse to tamne mushkeli thase etle tame dhyaan rakhjo. Naukri karvi hoie to shanti thi ane nishtathi karvani, ane jo emni koi khoti vaat hase to emni same pan pagla bharvama avse, pan jo emni vaat sachi avi to tame badha sanjogo ni taiyaari rakhjo. (Translation: Remember, if the investigation report finds something unfavorable to you, you will get into serious trouble. If you want to continue your work, you must do it sincerely and conscientiously. If the complainant makes false allegations, they will also face consequences. However, if the allegations against you turn out to be true, be prepared for the consequences),” a single judge orally noted.

In this context, finding that the petitioner has no grievance against respondent Nos. 4 to 8, the Tribunal, considering the merits and assessing the issue in the larger context, adjourned the hearing till December 20, 2024.

The tribunal also directed the officer concerned to file further affidavits regarding the progress of investigation against the police inspector.