Dear All,
HERE's an example of "over-stepping authority" or "mis-use of authority". Under any Law, there is no such "jurisdiction" which can delegate authority to "public servants" to issue any I.Card to "general public" or to delegate his official powers to the "general public" or to make any general public member as a "quasi-public servant".
QUESTION :
a) Under what acts & section, the police officer can be prosecuted
b) Can HC take suo-motto action against the police officer
c) Is there any law or rule, where above exemptions can be granted.
d) Since when has the Police men have started adopting "friends"
ANY ANSWERS TO THE ABOVE, PLEASE.
P.S.: I've heard of a filmy dialogue as follows :
"Police'walo se na dosti aachee no dushmani""
NOW, WHAT IS THIS "FRIEND OF POLICE". IS IT EVER POSSIBLE.
Keep Smiling .... Hemant Agarwal
HC asks Cops to explain "FRIEND OF POLICE" I-card
(Times of India, dated 28 November'2009, Mumbai edition, page 04)
Mumbai: A police officer has allegedly issued an identity card to a Santa Cruz trader, designating him as a “friend of the police’’ and an “undercover agent’’. The act, obviously, has not gone down well with the Bombay high court.
A division bench of Justice J N Patel and Justice Amjad Sayed on Friday directed Mumbai police commissioner D Sivanandan to file a personal affidavit and explain the legal validity of such a card.
The court was hearing a petition filed by a resident of Lokhandwala in Andheri,Vikas Ganeriwal, who had a dispute with the Santa Cruz trader Sudhir Jhunjhunwala, over a business deal. According to Ganeriwal, Jhunjhunwala has been brandishing the identity card—issued and signed by Saki Naka assistant police inspector Majardekar and stamped with an official seal—and using it to his advantage. In his petition, Ganeriwal said that claiming himself to be a “friend of the police’’ and an “undercover agent’’,Jhunjhunwala has been threatening him and also putting pressure on his family to settle the dispute and withdraw all court proceedings or he would get him arrested. In fact, Jhunjhunwala did get Ganeriwal arrested by lodging a complaint with the Oshiwara police, a source said. The petition said in the police lock up, Jhunjhunwala assaulted him and “pressured and terrorised’’ him to sign blank documents. “He was behaving as if he was the seniormost police officer,’’ said the petition.
Following his release on bail, Ganeriwal filed an RTI query. In his reply to the RTI plea, assistant commissioner of police Kaiser Ahmed said while the police did not officially issue such cards, API Majardekar might have given one to Jhunjhunwala as he personally knew him. Majardekar said an “undercover agent’’ meant a police informer and if Jhunjhunwala misused the card he could be prosecuted.
