(Reproduced from Mumbai Mirror January 4, 2008 page 7)
Court summons A N Roy, six others
by VAMAN PHADKE
Former Mumbai police commissioner, AN Roy and six senior police officials have been summoned by Sessions court for allegedly implicating a Kurla-based businessman, Raj Awasthi, under the Maharashtra Prevention of Dangerous Activities (MPDA) Act
Former Mumbai police commissioner, AN Roy, and six senior police officials have been summoned by the Sessions Court on January 19 for allegedly implicating a Kurla-based businessman under the Maharashtra Prevention of Dangerous Activities (MPDA) Act.
Raj Awasthi, joint secretary of the United Shop Owners’ Association (USOA) moved the Sessions Court after the Bombay High Court on May 2, 2007 ruled out his arrest under the act, which is meant to be used against slumlords, bootleggers, drug offenders and dangerous persons.
Awasthi moved to the Sessions Court in December 2007 to obtain an order of investigation into the matter. According to him, he was framed in two fictitious cases by police officers with an intention to implicate him under the MPDA and declare him as a criminal and dangerous person.
Awasthi had been detained under MPDA on January 3, 2006, exactly a year ago. Apart from the former police commissioner, other police officials who have been summoned include senior inspector Uttam Navghare, senior inspector Vilas Pawar and DCP R N Tadvi and others.
According to Awasthi, he had approached the DCP and told him that he had been falsely implicated under the MPDA and asked him to investigate the matter. But on not receiving any response from the DCP’s office, he was forced to get the required information by using the RTI Act. Awasthi learnt from the information officer that he had been booked under MPDA on the basis of a document stating that the complainant had been threatened by him. Awasthi states that it is a forged and fabricated document, since the signatures of the complainant are different in the FIR, and the complaint received by the police. On Thursday, Awasthi personally served the notices to the police officers and hopes that the officers will appear before the court on January 19.
CASE SO FAR
Awasthi, the joint secretary of the United Shop Owners' Association (USOA), a group of small shopowners in Kurla who had been protesting irregularities in infrastructure projects and had alleged that evictions along the banks of the Mithi river were being carried out to aid a local builder, was arrested by the Kurla police in January 2007. He was in jail for three months. He alleges that he was put away on an extortion charge, because he had become “inconvenient” for local builders and politicians. The National Alliance of People’s Movements on January 17 filed a petition in the high court against his detention. Following this, a magistrate twice directed the deputy commissioner of police (DCP) to investigate the matter and file a report, but no such action was taken. With no report from the DCP, the HC struck down Awasthi’s arrest under the MPDA Act.-------------------------------------------------------------------------------------------------------
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