Bombay HC asks Mumbai Police to reply to Delhi riot victim supporters’ plea against case

The petition told the Bombay HC that they were not aware of the prohibitory orders, and as no law and order situation was created by their assembly, the FIR should be quashed and set aside.

The Bombay high court (HC) has asked the Mumbai Police to respond to a petition filed by 16 people who were booked for violating prohibitory orders of the police by assembling for a candlelight vigil at Dadar on February 26, 2020 in support of the victims of Delhi mass violence. The petition stated they were not aware of the prohibitory orders, and as no law and order situation was created by their assembly, the FIR should be quashed and set aside.

The Bombay HC directed the Mumbai Police to respond to the petition by September 9. (FILE)

The division bench of justice SS Shinde and justice NJ Jamadar, while hearing the petition, was informed by advocate Anandini Fernanades for the petitioners that they had received a notice stating that a first information report (FIR) had been registered against them under sections 37 (1) (powers to prevent acts leading to disorder) and 135 (penalty for contravention of Section 37) of the Maharashtra Police Act (MPA).

The petitioners said they appeared before the magistrate on March 3, 2020 for bail and on furnishing cash security of ₹7,000 and a personal bond, they were granted bail. The court was further informed that a charge sheet was also filed in the case, pursuant to which the petitioners moved the HC seeking quashing of the criminal proceedings.

The petitioners stated the vigil was attended mainly by students, senior citizens and social activists who did not have any criminal antecedents. They claimed that upon inquiry, the police said the charges were imposed on them as they had failed to abide by the public announcement made by the police restraining people from assembling in groups.

The petition further said the charge sheet in the case was filed for assembling without permission, whereas the offence was actually pertaining to violation of written order issued by the deputy commissioner of police (operations) which came under a different section of MPA, which was unwarranted.

The petition further alleged the charge sheet was based on one witness statement by an assistant police inspector who said the prohibitory order was announced over mega phones on February 20, 2020 and stuck outside notice boards of police stations. However, the same was not corroborated with documents. It also alleged that though men and women had been part of the vigil, action was initiated only against the men. “There is no legal basis for this unilateral and discriminatory decision of the respondents,” stated the petition.

In view of this, the petitioners sought quashing of the charge sheet and criminal proceedings on the grounds that no fruitful purpose will be served if the proceedings are allowed to continue.

After hearing the submission, the bench directed the Mumbai Police to respond to the petition by September 9.