Law student booked under Official Secrets Act for making video inside police station in Mumbai

A 31-year-old law aspirant who was caught during a nakabandi by the police for not wearing a mask on Thursday has been slapped with charges under draconian Official

A 31-year-old law aspirant who was caught during a nakabandi by the police for not wearing a mask on Thursday has been slapped with charges under draconian Official Secrets Act (OSA), 1923, as he was caught filming the police procedures using his mobile phone at the police station. The police have invoked section 3 of OSA that defines punishment for Spying.

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The accused has been identified as Mukesh Singh, 31, a second-year LLB student and a resident of Bhimwadi, Wadala.

On September 17, at around 4pm Singh, who was riding a two-wheeler with a friend who was sitting pillion, was caught at the Wadala bridge during a nakabandi as he was not wearing a mask, did not have a driving license and was roaming out without any important work, despite the lockdown.

The police took him to Wadala police station to book him for the breach of laws. “While police were busy doing the formalities, Singh allegedly started filming the police procedures using his phone. A policeman caught him in the act and in the presence of two Panchas seized his cell phone and found a recorded video clip of the police station,” the police complaint states.

Singh was then booked under sections 3 (spying) of the Official Secrets Act, 1923 besides section 188 (disobedience to order duly promulgated by public servant), 269 (negligent act likely to spread infection of disease dangerous to life), 270 (malignant act likely to spread infection of disease dangerous to life) of Indian Penal Code and sections 3 r/w 181 (driving without a valid driving licence) of Motor Vehicle Act. The complainant is a constable Shantaram Khade who was on the Nakabandi duty.

Singh however, was not arrested and allowed to go home after he was served with a notice.

Ganesh Shinde, deputy commissioner of police (Port zone) confirmed the development and said that the police have registered a case under OSA against the accused as he was supposed to not film police procedures which can involve secrets things. Further investigation in the case is on.

Former IPS officer and advocate YP Singh said that making a video at the police station is not a crime as it’s a public place. “If the police have registered a case under the Offical Secrets Act against someone for video graphing the police station or police procedures then it’s a misuse of the law. That person can file a case against the police. Concerned policemen can be prosecuted for filing a false case. The person can file a case against the police under section 211 of the Indian Penal Code and can even demand civil compensation,” YP Singh said.

When called the accused Singh, his phone was switched off and could not be reached.