Mumbai: The Bombay High Court on Monday rapped the police for allegedly illegally detaining a music teacher accused of showing one of his students obscene videos. The court said it’s a bailable offence and yet he was kept behind bars without his clothes on.
A division bench of Justices Revati Mohite-Dere and Gauri Godse has directed DCP (Zone III) Akbar Pathan to retrieve all CCTV footage from Tardeo and Saat Rasta police stations.
The HC was hearing a habeas corpus (produce the person in court) petition filed by the teacher’s wife seeking release of her husband, alleging that he was in illegal detention.
FIR Was Filed Under Sexual Offences
Her plea contended that in June a zero FIR was registered by the Malad police station based on a complaint by the student. The FIR was subsequently transferred to Tardeo police and he was charged under sections 354 A (sexual harassment) and 509 (word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code. The petitioner claimed that her husband cooperated with the investigation and visited the police station several times.
Learning on July 17 that he is likely to be arrested, his advocate went to the police station to furnish his bail. However, he was arrested at 9.30pm. The next morning, his advocate approached the HC and informed that he is a music teacher with a reputation among peers and students and an unblemished record of 20 years. The court was informed at 2.30pm that the teacher had been released at 1.59pm.
During the hearing on Tuesday, additional public prosecutor Prajakta Shinde submitted an affidavit tendering unconditional apology by senior inspector Vivek Shende wherein he said that PSI Priyanka Kadam is a probationary officer and “inadvertently arrested” the music teacher.
Advocates Kripanshankar Pandey and Darshan Juikar, submitted an affidavit of the teacher detailing how he was forced to strip and even remove a religious thread worn by him.
Pandey said that the teacher was called to meet “ACP madam” and sign a bond of good behaviour under section 107 of the Procedure of Criminal Code. It is meant as security for keeping peace. The advocate further said that he has a recording of his conversation with the constable.
The bench has asked the police to inform on August 22 whether they have initiated proceedings under section 107.
