[Palghar Lynching] Action Taken Against Policemen; No Need To Keep Writ Pending, Maharashtra Govt Tells SC

The Maharashtra government on Wednesday passionately urged the Supreme Court to see whether the PILs filed in connection with the Palghar lynching episode are in "the right perspective or not"."Two crimes were registered-one is of the attack on the monks and their driver, and the other is of attack on the police officials who had reached the scene. Amidst the lockdown, two monks were roaming around in the locality and there was a turmoil. On getting information, the police went to the scene and some officials were assaulted while doing crowd control. Please note that the first FIR is for secton 302, IPC (murder) and the other is for section 307 (attempt to murder)....state action has been initiated against all- one police official has been dismissed, two others have been compulsorily retired and several others have been punished with pay-cuts. Chargesheet has been filed against 252 persons...Everything is over! How is a 32 application still pending? ", argued Senior Advocate R. Basant for the state government.Mr. Basant informed the bench headed by Justice Ashok Bhushan that, pursuant to the orders of the court, all actions taken by the state against the police officials have been duly brought on record."It is a 1000-page affidavit which we got only last night. Not a single policeman has been made accused. Illegal omission has not been considered as an offence", it was urged on the part of the petitioner, even as Mr. Basant insisted the affidavit was filed on September 1."Why is everyone filing the reply in the night, at the last moment? We have not read the affidavit. How can we decide today? We will have to adjourn. And let the petitioners for their reply", reprimanded Justice Bhushan.In response to Mr. Basant's vehement argument as aforesaid, Justice Bhushan repeated, "We are not hearing the matter today. Why are you arguing?""I am only telling Your Lordships", said the Senior Counsel."The carelessness and the negligence on the part of the police officials had been established by the IG himself (in the departmental enquiry). There were 2 FIRs by two different police officers. Now the 2 chargesheets that have been filed contain the same findings...it seems the state authorities are working hand-in-glove with each other... it is difficult to believe that Maharashtra would work diligently to bring out the truth", advanced petitioner-in-person, advocate S. S. Jha."On a perusal of the chargesheets and the record of the case, the investigation (by the state CID) does not inspire confidence...justice must not only be done but also be seen to be done...it seems one part of the state machinery is helping the other", advanced another counsel.BackgroundThe Maharashtra police has filed an affidavit in Supreme Court with details of punishment meted out to 18 police personnel for their role in being unable to prevent the lynching of two sadhus in Palghar earlier this year.It is informed that a Departmental enquiry was ordered against the police officers who were prima facie found to be negligent and in dereliction of duty with regard to handling the situation and preventing the commission of the crime.The State police further apprised the Court that after the departmental enquiry was concluded, show cause notices were issued on July 27 to 6 police personnel. Having considered their replies, a final order punishing 18 officials was issued on August 21.The affidavit goes on to furnish details regarding the punishment given to each police personnel. The break up is as follows-one Assistant Police Inspector has been dismissed from serviceone Assistant Police Sub-Inspector and one driver Head Constable have been compulsorily retired from serviceone Sub-Inspector, one Head Constable and 13 Constables have had their pay reduced to a minimum.In light of the action taken, the State police has urged Court that there is no further need for an investigation to be carried out by the CBI or any other court-monitored investigation in the matter.Further, opposing the plea before Supreme Court, which calls for a probe by a central agency, the State has sought dismissal along with imposition of costs on the petitioner. This is the third affidavit filed by the Maharashtra police in this matter, after it had informed the Court of progress in the case on May 27 and July 29 respectively.Upon investigation by the State Criminal Investigation Department (CID), 2 charge sheets had already been filed on July 15. As the matter came up for hearing before the Top Court on August 6, the Bench comprising of Justices Ashok Bhushan and R Subhash Reddy directed the State to produce the charge sheets for examination and further sought an action taken report regarding the police personnel."Let the State bring the chargesheets on record. It has further been stated that a departmental enquiry against the police personnel was ordered and show-cause notices have been issued. Let details f the enquiry, including the action taken against the police personnel...

[Palghar Lynching] Action Taken Against Policemen; No Need To Keep Writ Pending, Maharashtra Govt Tells SC

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[Palghar Lynching] Action Taken Against Policemen; No Need To Keep Writ Pending, Maharashtra Govt Tells SC

Mehal Jain

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