The Bombay High Court reprimanded the Pune police for providing false statements regarding a case against 17 AIMIM members. The case involved their participation in a procession on November 11, 2023. The court expressed severe disapproval and warned the police of potential contempt charges.
Mumbai: The Bombay High Court instructed the Superintendent of Police of Pune (Rural) to submit an affidavit clarifying why a head constable from Baramati may have provided false testimony before a court bench.
This directive issued by the bench of Justices Ajay Gadkari and Neela Gokhale while hearing a petition filed by 17 members of the All India Majlis-e-Ittehadul Muslimeen (AIMIM). These members charged for conducting a procession on November 11, 2023, without obtaining the necessary permission, leading to a case being registered at the Baramati police station.
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The petition seeking to quash the FIR (First Information Report) filed through the advocates Tapan Thatte and Vivek Arote. The petition stated that the petitioners, Faiyaz Elahi Shaikh and others associated with the All India Majlis-e-Ittehadul Muslimeen (AIMIM) political party, sought permission from the police to organize an annual procession in memory of Tipu Sultan, the former ruler of Mysore, and Maulana Abul Kalam Azad, a prominent Indian independence activist and Muslim scholar.
The Baramati police denied the AIMIM members’ request after facing opposition from Vishwa Hindu Parishad and Bajrang Dal members.
The police stated that despite not having permission, a procession conducted, during which objectionable songs played, leading to communal tensions. In their plea, AIMIM members argued that the permission for the procession revoked in an “arbitrary manner” without valid reasons. The petitioners contended that once permission had been granted, the Baramati police should not have rescinded it.
The plea also alleged that the police acted under the influence of the “BJP, Bajrang Dal, and Vishwa Hindu Parishad in an unfair manner.”
During the initial hearing on April 12, the Additional Public Prosecutor, representing the police, stated that an investigation underway and that government sanction for prosecuting the accused was pending.
Under the Criminal Procedure Code (CrPC), government sanction required to prosecute individuals under certain sections of the Indian Penal Code.
However, at the most recent hearing this week, the Additional Public Prosecutor informed the court that the application to seek government sanction had yet to be submitted by the police.
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It was then that the bench realized a false statement had been made before the high court by police head constable Shankar Baswantkar from Baramati city police on April 12.
While instructing the Superintendent of Police to submit an affidavit, the bench stated,
“It is explicitly noted that should a reasonable explanation not be provided for the false statement, we may commence contempt proceedings against Shankar Baswantkar under the Contempt of Courts Act and/or pursuant to Article 215 of the Constitution of India.”
The bench scheduled to continue hearing the plea on June 25.