The Maharashtra State Human Rights Commission (MSHRC) on Wednesday (September 9) directed the State's Director General of Police (DGP) to register a First Information Report (FIR) against Pune Police Commissioner and several of the Pune Police officers for their failure to protect the rights of three minors, who were tied on the bonnet of the police vehicle, paraded on the streets of the city and assaulted by private individuals with fists, batons etc.

For Context, the MSHRC had on August 3 taken suo motu cognisance of the incident which took place within the limits of Bharatiya Vidyapeeth Police Station in Pune, wherein four boys were picked up in relation to a murder case of a youth, and three of them were then publicly shamed, paraded, tied on bonnet on July 21.

The Commission had ordered a fact finding enquiry into the issue, which revealed that Pune's Police chief Amitesh Kumar learnt about the incident on July 21 itself after videos of it went viral on social media, however, he did not take any action against the errant cops nor did he order transfer of the minor boys' custody to the Juvenile Justice Board (JJB) and in fact issued show cause notices to the errant police officers, only after the order of the MSHRC.

The enquiry report, divided into two parts, further revealed that because of the late cognisance taken by Kumar, the initially arrested boys were subjected to physical assault in the police lock-up and further four more minor boys were arrested and detained by the said police station officers in the very murder case.

A full coram of the Commission headed by its Chairperson Justice (retd) Anant Badar noted that the reports revealed commission of cognisable offences qua the children in conflict with law (CCL) by Police and thus opined that it was the Commission's bounden duty to act immediately by taking all necessary steps in the matter as per mandate of law to upheld Rule of Law in the State.

"Even otherwise law of the land expects every vigilant citizen to report commission of cognizable offence to the concerned Police Station forthwith, in the interest of justice. When the law mandates that for lodgement of FIR no notice is required to the proposed accused, we shall be failing in our duty if we fail to pass necessary recommendation for registration of the FIR consequent to the reports of the fact finding inquiry," the MSHRC Chairperson said.

The Commissioner therefore ordered forwarding of the reports to Maharashtra DGP with recommendation that the report of fact finding inquiry be treated as the FIR as envisaged by Section 173 Bharatiya Nagarik Suraksha Sanhita, 2023 and for completion of consequential investigation expeditiously.

"We recommend that as allegations are also against the present Commissioner of Police, Pune who is an officer of the rank of the Additional Director General of Police, necessary care of entrusting the investigation to the officer of the rank of Additional Director General of Police or above should be taken by the Director General of Police. We make it clear that the Director General of Police shall be free to appoint the investigating officer of his own choice. We make it clear that the investigator shall not be bound by the arena covered by the reports of fact finding inquiry and he shall have full discretion to be exercised in professional manner for investigation of the alleged offences found to have been committed by the Committee appointed by the Commission," Justice Badar ordered.

The Coram, also comprising of Members -Justice (retd) Swapna Joshi and Sanjay Kumar, noted from the affidavit filed by Kumar before the Commission, that he learnt about the entire incident on July 21 itself, however, the top copy ordered transfer of the Senior Police Inspector Mansingh Patil and Assistant Police Inspector Ganesh Mohite of the Bhartiya Vidyapeeth Police Station, only on August 5 and August 12 and on the said dates, also issued show cause notices to the two officers, asking them to show cause as to why their two increments should not be stopped for one year without having effect on their future increments.

"That show cause notice in clear terms levels misconduct of subjecting the 'Accused' (आरोपी) to cruelty, illegal and wrongful detention of CCL in Bhartiya Vidyapeeth Police Station beyond the prescribed time frame. Unfortunately, Kumar has described CCL as 'Accused' (आरोपी) in this show cause notice ignoring the mandate of Juvenile Justice (Care and Protection Act), 2015. The reply affidavit further contains averments regarding intended sensitisation programmes to be conducted to train Police in protecting human rights. Thus, reply affidavit of Kumar is clear to the point that this topmost Police officer heading Pune Police force has not found any degree of criminality in the subject incident nor did he desire to take any penal action against the culprit Police Officials by registering the FIR to set the Criminal Law in motion. The affidavit further shows that Kumar was having knowledge of the incident of apprehending CCL and their public parading by tying on Police vehicle on July 21, 2026 itself when that incident took place within his territorial jurisdiction. Those four CCL with four more CCL, despite this knowledge of incident to the Commissioner of Police, continued to be under wrongful detention till late hours of July 24, 2026 without their production before the Juvenile Justice Board," the Commission noted.

The Commission in its detailed order, pointed out that instances of police brutality are rarely noticed by it in any part of Maharashtra except in Pune Police Commissionerate, from where it has been noticing various complaints alleging atrocious behaviours of Pune Police and acts of violation of human rights by them.

"Rule of Law demands that law enforcement agency must act strictly within legal parameter, treat citizens equally and protect human rights of the subject. This delicate balance is noticed to be not maintained so far as the Pune Police Commissionerate is concerned. Bare perusal of the meticulously prepared report by collecting evidence to crystalise the facts, opens before us horrid episode of subjecting eight children to extreme cruelty by Pune Police for days together apart from turning a deaf ear to their woes and miseries by all concerned including the topmost Police Officer from Pune Police. The report is thorough, objective and well documented. On careful perusal of the entire report with documents and material annexed thereto, we prima facie concur with the finding of fact and conclusion drawn by the Committee," the Commission said.

The Commission further took exception to the Commissioner using the word 'accused' for the eight CCL in his affidavit and opined that when the law enforcement officers weaponise their authority to inflict such treatment on a child, they do not uphold Rule of Law but utterly dismantle it.

"Using such punishment against a child is nothing but an act of unadulterated Police terror designed to break the psychology of a child and his physical well-being. Public parading of CCL through the street is nothing but a calculated campaign of psychological warfare and strips minors of their inherent dignity, permanently branding them as a criminal. Such conduct is totally contrary to the provisions of Section 3 of the Juvenile Justice (Care and Protection) Act, 2015 (hereinafter JJ Act for the sake of brevity). This act of Pune Police is violative of rights conferred to a child under the Constitution, International Child Rights Conventions and human decency. It is the duty of the State Government to act as a legal guardian for vulnerable individuals like children who are not able to take care of themselves," the Commission remarked.

The Commission further noted from the enquiry reports that the Additional Judicial Magistrate of the JJB Pune too failed to order registration of FIR despite the CCL's complaining about the alleged ill-treatment and physical assault. Thus, the Commission has ordered to forwards its instant order to the Chief Justice of Bombay High Court for appropriate action against the said Magistrate.

With these observations and directives, the Commission has adjourned the hearing in the matter till October 26, for compliance.

Case Title: Suo Motu On Motion Of The Commission vs Chief Secretary, State of Maharashtra

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