Mumbai: SHRC Holds NIA Officer Manjunath Singe Guilty Of Human Rights Violations, Orders ₹5 Lakh Compensation To Complainant

Mumbai: The Maharashtra State Human Rights Commission (SHRC) has found former Deputy Commissioner of Police (DCP) Zone IX, Mumbai, Manjunath Singe, guilty of violating the human rights of complainant Basab Biraja Paul (55), a Bandra resident. The commission highlighted severe lapses in Singe’s conduct, deeming his actions illegal and detrimental to public trust in the police force.

The case centered around Paul’s wrongful arrest in April, 2022, during which procedural safeguards and Supreme Court guidelines, particularly those outlined in D.K. Basu v. State of West Bengal, were ignored. The SHRC stated that Singe’s actions cast a “dark cloud” over the police machinery, contributing to the erosion of citizens’ faith in law enforcement.

The SHRC ordered Singe, who is currently serving as Superintendent of Police with the National Investigation Agency (NIA), to personally compensate Paul with ₹5 lakh. The amount must be paid within six weeks, failing which an interest of 6% per annum will be levied until full payment.

Paul had been accused of forging a borrowing agreement with Shaila Club in 2009, a matter under dispute in the National Company Law Tribunal (NCLT). Despite the civil and commercial nature of the case, a criminal FIR was registered against Paul in April 2022 by complainant Rajesh Patil, alleging forgery.

The SHRC noted that the police erred in their handling of the case on multiple fronts. Firstly, they failed to conduct a preliminary inquiry as mandated by the Supreme Court in Lalita Kumari v. State of UP and Others. Secondly, instead of issuing a notice under Section 41A of the CrPC, which is appropriate in such cases, the police issued a notice under Section 160, meant for witnesses.

Anticipating arrest, Paul approached the Sessions Court for anticipatory bail. While his application was pending, Paul was arrested from Sahara Star Hotel, Santa Cruz, on the alleged instructions of DCP Singe and detained for a day.

The SHRC, citing the Magistrate’s Court, emphasized: “At the cost of repetition, I am emphasizing that this fact (of arrest) is fairly conceded in the explanation submitted by the concerned senior police officer..... If this is the fact, then a serious question arises as to whether due care and attention were taken by the officer making the arrest to ensure proper compliance with the mandate laid down by the Supreme Court in D.K. Basu v. State of West Bengal and Ashok K. Johari v. State of UP.”

The SHRC also raised concerns about the investigation’s “biased and vindictive” approach, particularly under the supervision of DCP Singe.

In the recommendations made to the Police, the SHRC has directed the Director General of Police (DGP), Maharashtra, to firstly adhere to Legal Protocols, thereby to ensure strict compliance with laws and SHRC directives in future investigations.

Secondly to promote ethical policing, there by incorporating the values of dignity, transparency, and minimal use of force in police training programs. And lastly toconduct Human Rights Training of the police officials by organising seminars across police commissionerates to train officers in human rights and proper investigation procedures.