The Bombay High Court on Wednesday sharply criticised the Maharashtra Police, particularly the Mumbai Police, for their inadequate handling of several cases involving women and children. Concerns were raised about the quality of investigations and instances of police negligence.
Court Questions Bias and Laxity in Investigations
A bench comprising Justices AS Gadkari and Neela Gokhale expressed serious concerns about the state of investigations, particularly in cases where the police had failed to locate the accused. Advocate General Birendra Saraf was summoned, with Justice Gadkari asking, “Where should the poor women and minor children go?” when police investigations seem biased or delayed. The court listed five cases, pointing out that investigations in these instances were not being conducted properly.
The judges criticised the police for routinely declaring accused individuals as “absconding” without making genuine efforts to locate them. Justice Gadkari explained that while the term “absconding” has a specific legal meaning, it was being used as a cover for police inaction. “When we ask, it is very casually said that the accused is absconding,” Justice Gadkari remarked, frustrated by the lack of seriousness shown by the police.
Criticism of Police Actions and Lack of Seriousness
The court examined individual cases, uncovering investigations that appeared biased in favour of the accused. In one case, a constable had been assigned investigative duties, a role typically reserved for higher-ranking officers. Although Saraf informed the court that the constable had been suspended, Justice Gadkari dismissed the action as insufficient. “The most important piece of evidence is made to disappear, so the ultimate result is the acquittal of the accused,” he noted.
Justice Gokhale raised concerns about the police’s competence and their responsibility as the first point of contact for women in distress. “If they do this due to negligence and incompetence or something else, where does she go?” she asked. Justice Gadkari echoed her sentiments, suggesting that the state appeared uninterested in rectifying these issues, adding, “The whole system needs to be shaken up, otherwise it will collapse.”
Mumbai Police’s Lapses in Investigations
The bench highlighted that poor investigations were commonplace in nearly 80 per cent of cases involving women and children. The court also expressed dissatisfaction with an affidavit submitted by the Mumbai Police Commissioner, stating it failed to meet the required standards. Justice Gadkari emphasised the need for a thorough overhaul of police procedures to ensure justice in sensitive cases involving women and children.
Advocate General Saraf admitted to lapses within the police force but noted that “no one is saying that Mumbai Police is perfect.” He acknowledged the need to salvage cases once investigations were completed and committed to ensuring improvements in future cases.
Specific Cases Highlighted by the Court
In one case presented before the court, advocate Gunjan Shah raised a complaint from a woman whose intimate photographs were posted online. The police, however, had failed to locate the accused, who was allegedly connected to a police informer. Chief Public Prosecutor Hiten Venegaonkar responded that the Cyber Cell had removed the photos, and efforts were underway to trace the accused.
Another case involved an accused husband residing in Ireland. The court expressed disappointment with the police’s lack of initiative to bring him back to India. His lawyers argued that his return would result in the loss of his job, but the court insisted that no significant efforts were being made to secure his return and face legal proceedings in India.
Court Demands Solutions and Accountability
In response to these mounting concerns, Advocate General Saraf assured the court that he would hold discussions with senior police and home department officials to prevent similar lapses from occurring in future investigations. The court was clear in its message: systemic changes are urgently needed to ensure justice for women and children.
Justice Gokhale remarked that Maharashtra, known as one of the most progressive states in the country, should ensure the safety and freedom of women and girls. “This is Maharashtra, one of the most progressive states where women and girls can roam around freely,” she noted, highlighting the importance of strong police action in safeguarding these freedoms.