This could be one of the strongest decisions taken by any Commissioner of Police. Citing rampant misuse of the Protection of Children from Sexual Offenses (POCSO) Act, Mumbai police commissioner Sanjay Pandey has instructed officials that all cases of molestation and crimes under POCSO Act, should be registered only upon the recommendation of an ACP and with the permission of the zonal DCP.
Misuse of Laws
The commissioner issued the order in view of the instances where false cases are registered due to personal rivalry or disputes over property, money matters and personal issues, reported PTI.
No Arrests Without Verification of Facts
The directive, issued on Monday, noted that in many such cases, the accused is arrested immediately without a verification of facts, and later the complaint is found to be fake.
Reputation Of Accused Tarnished
The accused person’s reputation gets tarnished for no reason even though he is eventually discharged, the commissioner said in the order.
To avoid this, police officials have been instructed to register First Information Reports (FIRs) for molestation or under the POCSO Act only after getting a recommendation of the divisional assistant commissioner of police and with the permission of the zonal deputy commissioner, it said.
Follow All Guidelines
While granting permission, the DCP should follow the Supreme Court’s judgement in the Lalita Kumari case, it added.
In the 2013 `Lalita Kumari versus Govt of UP and others’ case, a three-member bench of the apex court set out guidelines as to when the registration of FIR is mandatory.
Recently two young boys from Mumbai spent a fortnight in jail in an alleged gang rape case. It was only after the intervention of CP Sanjay Pandey, that the brothers were released on bail since CCTV visuals indicated false identity. The duo were arrested on word of the victim.
Mumbai Brothers Spend Nearly Two Weeks In Jail In False Gang Rape Case; Bail Granted After Intervention Of Mumbai Police Commissioner
Its time all states replicate this model. Read Order at the end of this article.
You may leave your comments for Mumbai CP Sanjay Pandey below:
BIG | Citing Rampant Misuse, No Registration Of Molestation, POCSO Cases Without DCP’s Nod: @CPMumbaiPolice Sanjay Pandey
— Voice For Men India (@voiceformenind) June 9, 2022
▪️"False cases are registered due to personal rivalry or disputes over property, money matters and personal issues"#VoiceForMenhttps://t.co/ONIwoXyZPg
Similar comments were made by Rajasthan DGP in October 2020. Watch Below.
DGP Rajasthan On False Rape Cases
https://youtu.be/AprRxxXeEFk
READ FULL ORDER BELOW:
Update:
A twitter handle named Legal Rights Observatory – LRO posted the order tagging NCPCR and Smriti Irani (Chairperson – WCD) asking them to ‘preserve the sanctity of the CPCR Act 2005’.
Mumbai Police @MumbaiPolice CP @sanjayp_1 order regarding registering FIR u/s of #POCSO has transgressed upon domain of Parliament n also CPCR Act 2005. Requesting @NCPCR_ @MinistryWCD @smritiirani @KanoongoPriyank to take effective majors to preserve the sanctity of the act! pic.twitter.com/vYzTlcznd3
— Legal Rights Observatory- LRO (@LegalLro) June 9, 2022
As per PTI report, NCPCR has written to the Director General of Police (DGP) of the Mumbai Police stating that the commissioner’s order “will cause a serious infringement upon the right of victims of sexual abuse and cause undue delay for victims to their access to justice.” It also said the order is in violation of “the true objective and spirit of the POCSO Act.”
It further said certain offences under the POCSO Act are cognisable offences and an FIR has to be filed immediately as per the procedure given under the Criminal Procedure Code.
The NCPCR asked for the order to be withdrawn after the DGP’s office reviews it. It also asked for an action taken report to be sent to the commission in the next seven days.
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