ACP under HC scanner for ‘respectable’ order

MUMBAI : An order passed by an Assistant Commissioner of Police (ACP), Gamdevi, while exercising his power as a special executive magistrate, asking an accused to produce two sureties - one of a respectable gentleman and one of a respectable woman - has attracted the ire of the Bombay High Court. Questioning under what provisions of law the magistrate passed such an order, the division bench presided by Justice Bilal Nazki recently issued him a notice and directed him to file a detailed affidavit for passing an ex facie and illegal order, and for issuing a non-bailable warrant (NBW) against film producer Gaurang Doshi. Doshi had approached the HC after ACP G H Patil passed the order while hearing a case of chapter proceeding (a process in which the ACP asks for a bond from a person against whom several complaints of creating nuisance are registered). The ACP exercised his power as a special executive magistrate and issued a NBW against Doshi, after he failed to produce the two sureties from his residential area, as ordered by Patil. SEM’s have the power to settle matters in the police station. Hearing the petition filed by Doshi, the court questioned the order passed by the officer. The court has now stayed the NBW dated August 14, 2008, issued against Doshi. The ACP had issued chapter proceedings against Gaurang Doshi on several complaints made by his wife and his alleged girl friend. “Based upon these complaints, the ACP had issued notices to Doshi, which contained a clause that he should maintain good behaviour for three years and also produce the two sureties - one of a respectable gentleman and one of a respectable lady,” said Rishi Bhuta, Doshi's advocate. “We moved the ACP/ Special Executive Magistrate and prayed for exemption from the said order, as he does not have the power to pass such an order. He refused to entertain our prayer and issued a NBW against Doshi, which we have now challenged in the HC,” Bhuta added. “The order has been passed under section 111 of the Criminal Procedure Code (CrPC), which gives power to the special executive magistrate to demand class of surety. We have explained it in our affidavit,” said additional public prosecutor K V Saste, who is representing the ACP. The NBW has been stayed by the HC till March 4, when the matter will come up for hearing.

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