Mumbai: Rights panel orders cop to pay Rs 1 lakh relief for harassing builder

MUMBAI: The Maharashtra State Human Rights Commission recently held that a Thane police officer violated the fundamental human rights of a Palghar resident by issuing him repeated summons and seizing his passport merely on an anonymous complaint that he was allegedly extorting money from builders. Police action, carried out without registering an FIR, was described as "blatant" and "illegal" by commission member M A Sayeed.
The commissioner recommended Rs 1 lakh compensation be paid to Santosh Raut within six weeks for violation of human rights in 2017 by assistant police inspector (API) A R Mahajan, failing which 12% more is to be paid till realization. The SHRC order, made available last month, asked additional chief secretary (home) to ensure compliance and also consider disciplinary action against Mahajan. It said a "strong signal'' should percolate down to police officers for acting "in blatant breach of law."
The Commission's order came on Raut's 2018 petition under the Protection of Human Rights Act. Raut, a builder in Palghar, represented by advocate Aditya Pratap, complained of physical and mental harassment by the police anti-extortion cell in Thane. To set criminal law in motion, an FIR is first needed, Pratap argued citing various judgments.
"Mahajan acted on an anonymous complaint against (Raut) accusing him of indulging in extortion from builders in Thane at the behest of gangster Ravi Pujari," said the SHRC order adding that the "so called informant could not be found on the address given in his complaint nor could his whereabouts be traced..." Even then Raut "continued to be summoned...detained and interrogated at length despite pleading his innocence," said the Commission. Raut had also claimed before various authorities that he was being harassed at the behest of a politician, noted the order.
In September 2020, the commission had issued a show cause notice to Mahajan who was then a PSI in the anti-extortion cell. Mahajan denied the accusations and argued that action was taken "at the instance of superior authority." He said since builders were "being terrorized", it was necessary to inquire into the anonymous complaint received by post, though he conceded to having closed the enquiry against Raut as it was "found to be devoid of any substance."
The commission's investigation wing submitted a report that said the enquiry was in breach of Maharashtra state guidelines which bar any cognizance by police of anonymous or vague complaints. The SHRC itself referred to a landmark Supreme Court ruling which defined 'torture' as 'intentional infliction' of physical or mental pain by a public official to extract information. The commission applied these principles to conclude that the "dignity and honour of the complainant (Raut) were completely ignored by API Mahajan". It also said the director general of police, Maharashtra should consider training to sensitize officers to niceties of procedural law and landmark SC and HC rulings on their powers and duties.