Four cops told to pay compensation of ₹2.5 lakh to a couple for harassment

Four police officers in Mumbai have been ordered to pay a compensation of ?2.5 lakh ($3,348) to a lawyer and her husband for harassing them when they tried to lodge a complaint against their neighbor. The Maharashtra State Human Rights Commission (MSHRC) held that violation of a person's dignity by the guardians of law was unacceptable. The MSHRC also directed the director general of police to hold seminars to sensitise police officers to be more cognizant of citizens' rights and their duties.

MUMBAI: Four police officers have been directed to jointly pay a compensation of ₹2.5 lakh to a lawyer and her husband for harassing them when they tried to lodge complaint against their neighbour who was pelting stones at stray dogs.

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Asking the four officers to pay the amount within six weeks, the Maharashtra State Human Rights Commission (MSHRC) held that violation of a person’s dignity especially at the hands of the guardians of law was unacceptable.

The MSHRC also directed the director general of police to hold seminars to sensitise police officers to be more cognizant of the rights of the citizens and their duties.

The four police officials include a police inspector, a police sub-inspector and two women constables and are attached to Lakadganj police station. A top officer claimed that the four officials have been transferred to other police stations as part of disciplinary action over the incident.

When the four police personnel sought a relief from criminal proceedings as they had already undergone disciplinary action, the commission refused to accept this contention noting that departmental action would not bar prosecution.

While hearing the application of advocate Ankita Makheja and her husband Nilesh Makheja, was informed that on March 25, 2020, MA Sayeed, MSHRC member, was informed that the police had misbehaved with the couple when they had visited Lakadganj police station to lodge a complaint against their neighbour.

Some of the police personnel also allegedly abused the couple, because of which they approached the commission complaining of violation of their human rights.

The bench was informed by Amitesh Kumar, police commissioner, Nagpur, that the incident had occurred in a police station and disciplinary action had been initiated against the errant police officials. They have been transferred to other police stations.

After hearing the submissions, the bench sought to know from Kumar as to why criminal proceedings were not initiated against the four officials.

The commission then noted in its order, which was passed in May but was made available on June 30, that, “There would not be any impediment in holding that the victims’ fundamental rights to live with honour and dignity have been blatantly violated by none other than the guardians of the law.”

The commission then directed the four errant police personnel to jointly pay a compensation of ₹2,50,000 to the advocate and her husband within a period of six weeks. The commission also permitted the couple to initiate criminal proceedings against the police personnel.

Sayeed noted that as there was an alarming rise in such incidents at police stations and hence, the director general of police, Maharashtra, should initiate periodic seminars at all commissionerates and divisions for “sensitisation of the police force and to focus on developing a sense of responsibility, courtesy in dealing with citizens and victims who look at them as protectors of law”.

The commission also directed the additional chief secretary of the state government to comply with the order within one month and submit a compliance report.