Mumbai:
In further embarrassment for the Maharashtra government, the Bombay High Court today pulled up the state administration asking it to explain its motive behind issuing a circular asking police officials not to record instructions coming from politicians within two weeks. (Read: Maharashtra cops asked to not document politicians' calls)
The Supreme Court had, last year, slapped a fine of Rs 10 lakh on the Maharashtra government and reprimanded then chief minister Vilasrao Deshmukh for allowing his office to be misused in a phone call made in 2006 to a police station asking cops to not register a case against a money lender's politician son.
A division bench of Justices B H Marlapalle and R V More also issued a notice to the Director General of Police (DGP) and sought his reply too.
In a petition filed by former journalist Ketan Tirodkar, the court questioned the government's intention behind issuing the circular dated November 11, 2010. "If the government is trying to curtail the powers of the police then we will not allow it," Justice Marlapalle remarked.
The circular stated that apart from what is mandatory under the Police Manual, the police must not record in their station diary any instructions coming from the Members of the Legislative Assembly.
Tirodkar, in his petition, has stated that the circular was discriminatory.
The court today also cited a hypothetical example where an influential politician may call a police officer and ask him not to act on a complaint or make any arrests. "If the officer is honest he will want to record the instructions coming from a minister or MLA. What is wrong in that? Why should the police be stopped from recording it?" Justice Marlapalle questioned.
The court also observed that the circular was "vague" and could be interpreted in different ways.
The Supreme Court had, last year, slapped a fine of Rs 10 lakh on the Maharashtra government and reprimanded then chief minister Vilasrao Deshmukh for allowing his office to be misused in a phone call made in 2006 to a police station asking cops to not register a case against a money lender's politician son.
A division bench of Justices B H Marlapalle and R V More also issued a notice to the Director General of Police (DGP) and sought his reply too.
In a petition filed by former journalist Ketan Tirodkar, the court questioned the government's intention behind issuing the circular dated November 11, 2010. "If the government is trying to curtail the powers of the police then we will not allow it," Justice Marlapalle remarked.
The circular stated that apart from what is mandatory under the Police Manual, the police must not record in their station diary any instructions coming from the Members of the Legislative Assembly.
Tirodkar, in his petition, has stated that the circular was discriminatory.
The court today also cited a hypothetical example where an influential politician may call a police officer and ask him not to act on a complaint or make any arrests. "If the officer is honest he will want to record the instructions coming from a minister or MLA. What is wrong in that? Why should the police be stopped from recording it?" Justice Marlapalle questioned.
The court also observed that the circular was "vague" and could be interpreted in different ways.
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