HC orders action against 2 cops for neglecting abused elder couple

The court’s order comes after the elderly couple’s daughter filed a petition, complaining that the police had done nothing even after she informed them that her parents were being tortured by her alcoholic elder brother. The court was irked to note that the elderly couple suffered two months of torture even after the matter was brought to the police’s notice

MUMBAI: The Bombay High Court on Tuesday ordered departmental action against two assistant police inspectors of the Dombivili police after they failed to act against an alcoholic who badly beat up his elderly parents.

Gavel and law books (Getty Images/iStockphoto)

A division bench of justices Ravindra Ghuge and Gautam Akhand were irked to note that the elderly couple suffered two months of torture even after the matter was brought to the police’s notice. The officers, Praveen Ghutugade and Dhananjay Chavan, recorded a non-cognisable offence, a minor one for which the police cannot make an arrest without a warrant or start an investigation without the magistrate’s permission. The court noted that they did nothing to stop the torture of the elderly couple.

The court’s order comes after the elderly couple’s daughter filed a petition, complaining that the police had done nothing even after she informed them that her parents were being tortured by her alcoholic elder brother.

The daughter told the court that her brother would often beat up her parents, and when she found out, she approached the police with CCTV footage of some such assaults. Despite the severity of the beating, Ghutugade did not take appropriate action. She submitted a written complaint to the police station on June 17, and when they refused to accept it, she even mailed it to them on June 19. Despite her efforts, no action was taken.

The bench added that the police should have at least registered an FIR under sections 351(2) (criminal intimidation) and 352 (intentional insult with intent to provoke breach of peace) of the Bharatiya Nyaya Sanhita.

The bench said, “These 58 days of physical tormentation and abuse were perpetuated only because the police officer, Praveen Ghutugade, did not register an FIR. Our judicial conscience is shocked by such conduct and showing leniency in such circumstances would be unfair to the old couple, as well as, would set a wrong precedent.”

The court has directed the commissioner of police (CP), Thane, to act against the duo in accordance with department rules that apply to them. The bench has also asked the police to impose an appropriate penalty on them if they are found guilty of neglecting their duties. The court ordered the CP to submit a compliance report by December 1.