Mumbai: A sessions court called an order of an Assistant Commissioner of Police directing a 53-year-old man to furnish a bond of Rs 50,000 for good behavior, as appearing to be more “a matter of whims” of the authority than having any substance in it. Setting it aside, the court said the order cannot be allowed to continue as it would indeed be stigmatic to the applicant.
The Azad Maidan Division's ACP's order was in chapter proceedings initiated against the Colaba resident last year upon a report lodged at Azad Maidan police station. Khalid Kalandar had allegedly stopped the complainant from entering the building for some reason. Security guards had come to the scene and he had further allegedly molested a women security guard and abused and threatened other guards.
Chapter proceedings are generally initiated against habitual offenders as a preventive action if they are suspected of being likely to disrupt peace.
Additional Sessions Judge UM Padwad said in his order that the incident was the only instance where any report was lodged against the applicant. “It is pertinent to note that the applicant was not even arrested in the offence though it pertained to outraging the modesty of a woman. Thus apparently there was no threat either to the witnesses or anybody else at any point of time,” the court said. It added that the investigating officer not going for an arrest is self-explanatory.
“Even otherwise except that incident there is absolutely no other material to show that the safety, peace or harmony of society was under threat due to the applicant,” Judge Padwad said. The prosecution’s submission that the order was required as the ACP had every reason to believe that the applicant may breach peace, does not seem to be well-founded, the court said. “Rather it is apparent that it was more a matter of the whims of the said authority than having any substance in it,” the order stated.