Regd. No. MH/MR/South-160/2012-14 RNI Regn. No. 43675/1985 MUMBAI TUESDAY, JULY 15, 2014 32 PAGES `3 Website: www.afternoondc.in
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Mumbai police prosecutes Ind MLA Bachchu Kadu sans sanction, but approaches Speaker 'for permission' in case of Congress MLA Kripashankar Singh, reveals RTI query By Philip Varghese
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ust like during the British rule, the law now seems to apply differently in different states in matters of criminal prosecution. This is what Right to Information (RTI) activist Anil Galgali learned from the replies by the Mumbai police, received under the RTI Act. While the Mumbai Police straight away preferred to prosecute independent MLA Bachchu Kadu, they chose to act in a completely contradictory manner in the matter of Congress MLA Kripashankar Singh. The Assembly Speaker denied permission to prosecute Kripashankar Singh recently. Galgali wrote to the Mum-
bai Police under the RTI to find out in how many cases they have prosecuted in three instances: after receiving permission, without permission and after permission from the Assembly Speaker. In a reply by the Marine Drive police station, Senior Police Inspector admitted that it prosecuted MLA Kadu in an offence registered under sections 332, 353 of the IPC without permission from the Assembly Speaker. “The act of MLA Kadu was not in the discharge of his official duty as it amounted to assaulting a government servant. The same principle should have been applied in the case of MLA Kri-
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pashankar Singh, whose alleged act of amassing disproportionate wealth does not fall in the purview of ‘discharge of duty’,” said Galgali. He further added, “A catena of judgments by the Higher Judiciary confers sufficient liberty upon investigating agencies to prosecute public servants without sanction. The Bombay High Court division bench, headed by C J Mohit Shah, had delivered an in-depth verdict indicting Singh along with his family members for amassing unaccounted wealth exceeding crores of rupees. The Apex Court too, turning down Singh’s plea against the Bombay High Court order, had directed the SIT headed by the Mumbai Police Commissioner to proceed with prosecution of Singh and others. The doctrine of the ‘law of equality’ should be adhered to by the Mumbai Police.” When asked about the RTI reply, Mumbai police spokesperson and Deputy Commissioner of Police Mahesh Patil said, “I will have to check the legality of prosecution in both the cases and the charges against them. Under the IPC, however, they can be prosecuted without sanction.” philip.varghese@afternoondc.in