Mumbai: Criminal's 78-year-old mom sent to jail

MUMBAI: Taking a stern view against attacks on cops, the Bandra magistrate court recently convicted and sentenced the 78-year-old mother of a criminal and his 43-year-old sister to three months' imprisonment for attacking a police officer who attempted to arrest the externed man from Bandra 13 years ago. Another sister, who was part of the group that attacked the cops and ensured the criminal, Shhabir Shaikh, fled, died during pendency of the trial and the case against her was abated.
Refusing to release the two women, Nasima and Shabina Shaikh, on probation, the court said, "Corporeal punishment is required to create deterrence and an atmosphere for discharging public duties by public servants without fear of obstruction."

Shhabir earlier pleaded guilty to the charges and was convicted in 2012. Among the witnesses were the cop who was attacked and the two others who accompanied him. They deposed that while on patrolling duty on August 17, 2006, they received information that Shabbir had entered the city in a breach of orders.

Accordingly, they visited the spot and nabbed Shhabir who started screaming. They alleged his mother and sisters immediately came there and got into a scuffle with them.

The cops further alleged the trio exhorted Shhabir to flee and said they would restrain the police officers. At the time, one of his sisters brought a tubelight and threatened the cops with it. The cops also claimed when the officer tried to take Shhabir away, the mother injured him with a blade. The cops alleged the accused broke free and because locals were afraid of him, nobody tried to stop him. Shhabir was later arrested.

The court refuted the defence suggestion that the injuries suffered by the cop were self-inflicted. The court also denied the defence suggestion that the evidence was unreliable as the officer had not mentioned the name of the caller who gave information about Shhabir's presence at Bandra. "The informer had to be a confidential one to protect his identity and security. Therefore, merely not naming the informer is not sufficient to discard the testimony of the informant (police officer).

The suggestions that the informant did not receive any such information and they had no occasion to visit the spot and also about the consequent injury have been denied," the court said.

The court observed that the accused along with convicted accused and deceased accused had obstructed the cops while discharging their public duties and voluntarily caused grievous hurt to prevent them from discharging their duties.

The court found them guilty under section 332 (voluntarily causing hurt to deter public servant from his duty) of the Indian Penal Code. The court said that the accused could not be released on a bond of good behaviour.

The court said the offence under section 332 was recently made triable by the sessions court. "This speaks volumes about the gravity and seriousness of the offence. Thus, the benefit of probation cannot be extended. Otherwise, it would send out a wrong message in society. And could certainly have an adverse effect in the functioning of public servants," the court said.