Serious concern for criminal justice: High Court on extortion claims against officer

The Bombay High Court took note of extortion claims against a lawyer and an investigating officer while hearing a plea filed by a POCSO accused and sought the Commissioner of Police's reply.

In Short

• Bombay High Court seeks senior cop's reply to extortion claims in POSCO case
• Accused alleges police extorted Rs 8.5 lakh through lawyer
• Victim allegedly misrepresented as minor in documents, court was informed

Taking serious note of extortion allegations against a lawyer and an investigating officer from Maharashtra's Mira-Bhayandar and Vasai-Virar Police Commissionerate, the Bombay High Court has directed the Commissioner of Police to file a detailed reply to a plea of a rape accused under the POSCO Act.

"The Commissioner of Police shall also seek explanation from the concerned investigating officer and the said advocate," said a bench of Justices AS Gadkari and Dr Neela Gokhale.

The bench said the Commissioner of Police will not delegate his powers to any subordinate officer while filing the affidavit. "We expect the Commissioner of Police to read the petition thoroughly and thereafter proceed to file his reply to the petition," the bench said.

The bench observed that "even if there was an iota of truth" levelled in the extortion allegations "then it is a serious matter of concern for the criminal justice system in our state".

The bench was hearing a plea filed by some accused against whom a case was registered in Palghar in 2021 for the offence punishable under Sections 363 (kidnapping), 376(3) (rape of woman under 16 years of age), 506 (criminal intimidation), 212 (harbouring offender) and 34 (common intention) of the Indian Penal Code (IPC), along with certain sections of the Protection of Children from Sexual Offences (POCSO) Act. The petitioners were seeking the cancellation of the FIR.

During an earlier hearing on July 25, Police Officer Vinod Wagh said that one of the accused had been absconding till that date. However, during the latest hearing, the accused was present in court and submitted that he had been granted interim anticipatory bail by another bench of the High Court earlier this year.

In the meantime, advocate Tushar Lavhate, appearing for the accused, levelled some "startling and serious allegations against the investigating officer", the court observed.

Lavhate submitted that the investigating officer, Niwas Garale, through advocate Kiran Binwade, extorted a sum of Rs 8.5 lakh from the petitioners for not causing harassment to them. He submitted that some of the amounts were directed to be deposited in the account of wife of Binwade.

Garwale also relied on WhatsApp chats and the statement of account annexed to the petition.

It was even alleged that the concerned investigating officer had made the victim to disappear so that she should not appear before any court to give her statement.

It was further stressed that the victim was above 18 years of age on the date of commission of the alleged crime and despite the fact, documents were created to show her to be a minor.