The Bombay High Court ruled that recording video inside a police station does not violate the Official Secrets Act, dismissing related charges against constable Santosh Athare. However, other charges under the Indian Penal Code remain, as the court found grounds for further proceedings regarding criminal conspiracy and intimidation involving the Athare brothers.
Mumbai: The Aurangabad bench of the Bombay High Court ruled that recording video inside a police station does not violate Section 3 of the Official Secrets Act, which deals with spying. This ruling came as Justices Vibha Kankanwadi and SG Chapalgaonkar dismissed charges filed under the Act against Mumbai police constable Santosh Athare.
The case, registered at Pathardi Police Station in Ahmednagar district, involved Athare and his brother Subhash. While the police had invoked the Official Secrets Act, the court pointed out that Section 2(8) of the Act defines “prohibited places,” and police stations are not included in that list.
The court explained that Section 3, dealing with “penalties for spying”, will not apply to actions taken within a police station.
Despite this, the court declined to quash other charges in the FIR, including those under Sections 120-B (criminal conspiracy) and 506 (criminal intimidation) of the Indian Penal Code. The case originated from a complaint by Subhash Athare, who alleged that three individuals had illegally trespassed into their home on April 21, 2022, while only their mother was present.
Subhash questioned why the police had only registered a non-cognizable case when the trespassers allegedly assaulted his mother. The Athare brothers contended that their complaint to higher authorities led to the police filing an FIR against them in retaliation.
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Subhash had recorded a phone call and lodged a complaint with the Director General of Police, which their lawyer, AG Ambetkar, argued prompted the Pathardi police to file the FIR with malicious intent.
Additional Public Prosecutor NR Dayama opposed the quashing of the charges, arguing that Subhash was unnecessarily filming the police, while Santosh had threatened officers at the station. Although the court partially allowed the plea by striking down the Official Secrets Act charges, it left the decision on other charges to the trial court, which will now decide whether to proceed with the remaining allegations.
In conclusion, while the High Court’s ruling provided relief to the Athare brothers on the spying charges, they still face serious accusations under the Indian Penal Code. The court’s decision emphasized the limits of the Official Secrets Act in cases involving police stations, but it left room for further legal proceedings on other counts.
The trial court will ultimately determine the outcome of the criminal conspiracy and intimidation charges.