HC seeks police explanation over arrest of music teacher on bailable charges

The Bombay high court has questioned the Tardeo police for arresting a music teacher on bailable charges and detaining him in custody. The court has asked for an explanation from the police officers involved. The music teacher's wife had filed a petition claiming that the arrest was illegal and violated her husband's fundamental rights. The court has directed the police officers to file their affidavits in response to the petition. The music teacher was released from custody after the petition was mentioned for urgent hearing.

MUMBAI: The Bombay high court has sought an explanation from the Tardeo police for arresting a music teacher on bailable charges and detaining him in custody.

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According to the petition filed by the music teacher’s wife, a case under sections 354A (outraging modesty of a woman) and (insulting modesty of a woman) was registered against him in the second week of June at Malad police station. The case was later transferred for investigation to the Tardeo police station, within the limit of which the alleged incident had taken place.

The woman’s counsels, advocate Kripashankar Pandey and Darshan Juikar, on Tuesday told the HC that he visited the Tardeo police station at least four times. Pandey said that at the time of the music teacher’s arrest on Monday, he spoke to the senior police inspector and apprised him that since the sections applied in the case were bailable and the accused was willing to provide bail bond, he cannot be arrested and should be released on bail.

The division bench of justice Revati Mohite Dere and justice Gauri Godse then directed the senior police inspector of the Tardeo police station and police sub-inspector Priyanka Kadam, investigating officer of the case, to file their respective affidavits in reply to the petition filed by the music teacher’s wife.

A day after the man was arrested on July 18, his wife moved to the HC, seeking directions to the police to release her husband forthwith, claiming the arrest was illegal as he was arrested in a bailable case. She has also sought action to be taken against the senior police inspector and PSI Kadam for violating his fundamental rights.

The accused music teacher was released by the police immediately after the petition was mentioned for urgent hearing on Tuesday morning and the bench asked the police officer concerned to remain present in the court.

Claiming that the music teacher was having reputation amongst his peers and students, and had an unblemished record of over 20 years, Pandey also pointed out that though the Tardeo police registered the fresh FIR on July 7, the copy was not forwarded to the metropolitan magistrate court concerned.

On the other hand, an assistant public prosecutor informed the bench that the music teacher was released from police custody around 12 noon on Tuesday itself. The court, however, felt it necessary to call for explanation from the senior police inspector and Kadam.

“The release appears to be after the learned APP (assistant public prosecutor) was directed to take instructions and when we asked the officer of Tardeo Police Station to remain present at 2.30 pm,” the bench said. It directed the two police officers to file in two weeks their respective affidavits, observing that “the allegations made by the petitioner were serious and the petitioner has alleged violation of fundamental rights, personal liberty and law”.