In addition to insufficient and lack of convincing evidence against a woman police sub-inspector booked in a bribery case in 2015, a special court observed while acquitting her, that the sanction under the Prevention of Corruption Act (PCA) granted to prosecute her is invalid as it is not granted by the right authority.
The sanction in the case of the policewoman Shama Sayyed was accorded by Rakesh Maria, who was then the city police commissioner - the rank of Additional Director General of Police (ADGP). Sayyed was appointed by the DGP in 2013. Special Judge under the PCA SP Naik - Nimbalkar said in the judgment of last week that the sanction was to be granted by the DGP, the appointing authority of the PSI cadre. No authority who cannot remove a person from service can accord sanction to prosecute under the PCA, the court stated, questioning in its order that when sanction pertaining to the accused is found invalid with regard to the competency of sanctioning authority, what would be the further course of the trial?
It also drew the inference from the evidence produced by the prosecution that it has miserably failed to establish foundational facts pertaining to the demand for bribe as well as its acceptance.
The case against the policewoman was on the basis of the complaint of a tea stall owner. She was then attached to the Malvani police station as PSI. The man had complained that Sayyed had demanded Rs. 5,000 from him to not close down his tea stall as his employee, who was booked in a case had gone absconding. He alleged that Sayyed was demanding that he tell his employee’s whereabouts, or face consequences. She had then allegedly demanded the bribe. He had then approached the Anti-Corruption Bureau (ACB).