Bombay Hc Stays Court Order To Register Fir Against Dgp A N Roy & 6 Others

BOMBAY HC STAYS COURT ORDER TO REGISTER FIR AGAINST DGP A N ROY & 6 OTHERS 12/30/2008 Bombay High Court has stayed a local court’s order, directing city police to register an FIR against state Director General of Police A N Roy and six other policemen in a case relating to detention of a person under the Maharashtra Prevention of Dangerous Activities (MPDA) Act in 2005. Hearing an appeal by Mr Roy and others against the order at his residence late last night due to closure of regular court for Christmas vacations, Justice B R Kengare stayed the December 26 order of Bandra metropolitan magistrate court, which directed Vakola police to register an FIR against seven policemen, including Mr Roy, who was then city police commissioner, and two deputy commissioners of police to investigate the matter. In their appeal, the state DGP and others stated that the order was incorrect and in gross violation of the powers vested upon the local court. As per the arguments made before the local court, the complainant, Raj Awasthi, was detained under the MPDA Act by the Vakola police on January 3, 2006 after Mr Roy had given his approval relying on an anonymous letter, alleging that Awasthi has been threatening them and that he had assaulted them with the help of his men. Mr Roy had allegedly sanctioned Awashti’s detention on December 29, 2005 without verifying the authenticity of the letter, which was later proved to have been forged. Awasthi, who was kept in jail for four months, was later released on orders of the Bombay High Court. UNI

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