Introduction:

The Bombay High Court has issued a stern warning to the Maharashtra Police, emphasizing that officers will be held accountable if anything untoward happens to Asif Shaikh, a Muslim man who, along with his family, was harassed and forced to chant religious slogans while travelling on a train earlier this year. The Court was informed of a recent incident where Shaikh narrowly escaped an alleged planned attack despite prior orders for police protection. The case has garnered attention due to allegations against BJP leader Nitish Rane for assaulting Shaikh for filing complaints against the students involved in the initial incident.

Arguments of Both Sides:

Shaikh’s counsel, Gautam Kanchanpurkar, argued that his client and his family faced grave danger due to ongoing threats and harassment. Highlighting a recent life-threatening incident in Kankavli, Kanchanpurkar pointed out the negligence of local police despite clear court directives for 24×7 protection. He emphasized that the police’s failure to act promptly and the sudden disappearance of the escorting constable left Shaikh vulnerable. The counsel accused local officers of not taking the threats seriously and failing to create a safe environment for the petitioner.

The State, represented by Additional Public Prosecutor Prajakta Shinde, contended that the court’s protection order had been duly communicated to the local authorities. Shinde, however, admitted that she would need further instructions regarding the alleged lapses. The State assured the Court that measures were being taken to ensure Shaikh’s safety and promised accountability for any dereliction of duty by officers.

Court’s Judgment:

The division bench of Justices Revati Mohite-Dere and Prithviraj Chavan expressed strong disapproval of the State Police’s failure to provide adequate protection to the petitioner, especially in light of the clear oral order issued earlier. Justice Mohite-Dere questioned the prosecution about the communication of the court’s directives and criticized the lack of seriousness exhibited by the local police. The bench underscored the importance of ensuring safety for citizens, especially in cases involving targeted harassment and threats.

Justice Mohite-Dere directed Chief Public Prosecutor Hiten Venegavkar to personally communicate the Court’s order to the concerned officers and warned that any harm to the petitioner would result in holding the Superintendent of Police and other responsible officers accountable. The Court stated unequivocally that law enforcement officials must act with utmost responsibility in ensuring Shaikh’s safety and that failure to do so would invite severe repercussions.

The Court also noted that the allegations of religious harassment and forced slogans raised serious concerns about communal harmony and individual safety. It emphasized the role of law enforcement in maintaining public trust and safeguarding constitutional values. The bench has decided to monitor the matter closely and will revisit the case post the Christmas and New Year break to ensure compliance with its orders.