MUMBAI: Bombay high court expressed displeasure after police said they did not take action against a man who harassed his former girlfriend and posted obscene pictures and videos of her on social media because they are not “serious or grave” offences.
“It is a paradox to the general claim made by the state administration that the offences against women are promptly and seriously investigated by the investigating agencies.In view thereof, we direct the joint commissioner of police (law and order), Mumbai, to file a detailed reply to the petition,” said a bench of Justices Ajay Gadkari and Neela Gokhale on August 12.
The 21-year-old woman urged HC to direct police to take stringent action against the accused and arrest him following the July 31 first information report (FIR) under Bharatiya Nyaya Sanhita sections for stalking, defamation, and criminal intimidation.
Her petition said that since 2019, she knew the accused as he was her brother’s friend. She went to Pune for further studies. As he could not meet her, he began harassing her. In Feb 2023, she ended the relationship, but he followed her and forced her to continue their affair.
On March 19, she filed a police complaint. His brother-in-law assured police he would not repeat his acts. On June 4, a non-cognisable complaint was lodged after the accused threatened her with dire consequences. He created an Instagram handle and posted objectionable photographs of her taken by him. He also shared two videos. On July 7, he created a WhatsApp group, added fellow students/seniors, and shared her obscene pictures with comments. He posted videos and comments on Facebook. Even after the FIR, he did not stop, she claimed.
To the judges’ query if the accused was arrested, prosecutor V N Sagare said that police had sent him a notice, but he did not come to the police station.
The woman’s advocate, Gunjan Shah, said it has been 12 days since the FIR was registered, the accused is neither arrested nor his device confiscated. The HC recorded Sagare’s submission, on instruction from assistant police inspector D S Jamdade “that, as the offences alleged in the present petition against the accused are not grave or of serious nature, no steps are adopted by the investigating agency against him till today”.
Shah said that “even as of today”, the accused is harassing her client. “If it is true”, the judges requested the joint commissioner of police “to adopt all remedial measures in that behalf”.
“It is a paradox to the general claim made by the state administration that the offences against women are promptly and seriously investigated by the investigating agencies.In view thereof, we direct the joint commissioner of police (law and order), Mumbai, to file a detailed reply to the petition,” said a bench of Justices Ajay Gadkari and Neela Gokhale on August 12.
The 21-year-old woman urged HC to direct police to take stringent action against the accused and arrest him following the July 31 first information report (FIR) under Bharatiya Nyaya Sanhita sections for stalking, defamation, and criminal intimidation.
Her petition said that since 2019, she knew the accused as he was her brother’s friend. She went to Pune for further studies. As he could not meet her, he began harassing her. In Feb 2023, she ended the relationship, but he followed her and forced her to continue their affair.
On March 19, she filed a police complaint. His brother-in-law assured police he would not repeat his acts. On June 4, a non-cognisable complaint was lodged after the accused threatened her with dire consequences. He created an Instagram handle and posted objectionable photographs of her taken by him. He also shared two videos. On July 7, he created a WhatsApp group, added fellow students/seniors, and shared her obscene pictures with comments. He posted videos and comments on Facebook. Even after the FIR, he did not stop, she claimed.
To the judges’ query if the accused was arrested, prosecutor V N Sagare said that police had sent him a notice, but he did not come to the police station.
The woman’s advocate, Gunjan Shah, said it has been 12 days since the FIR was registered, the accused is neither arrested nor his device confiscated. The HC recorded Sagare’s submission, on instruction from assistant police inspector D S Jamdade “that, as the offences alleged in the present petition against the accused are not grave or of serious nature, no steps are adopted by the investigating agency against him till today”.
Shah said that “even as of today”, the accused is harassing her client. “If it is true”, the judges requested the joint commissioner of police “to adopt all remedial measures in that behalf”.