Awasthi to file contempt petition against Vakola police

Asked about Awasthi’s allegations,the Vakola police claimed that they have not received any copy of the order from the Supreme Court. Police Inspector Sanjay Patil of the Vakola police station said,“The orders in writing have to come down from the court before we can take any action.”

Awasthi said,“I have sent them a certified copy of the order and an application urging them to take action on December 1.” A senior police officer said on condition of anonymity,“In such cases,action cannot be taken unless the order is sent to us through official channels” Asked if it usually takes a month for any communication from Delhi to reach the city police machinery,the officer refused to comment.

A Bandra metropolitan magistrate in 2008 had ordered the Vakola police to register an FIR against then Commissioner of Police Roy,two deputy commissioners of police and four other officers for allegedly using forged documents to detain Raj Awasthi under the Maharashtra Prevention of Dangerous Activities (MPDA) Act. Awasthi was detained on January 3,2006,after Roy allegedly gave his sanction relying on several documents,mostly non-cognisable complaints. Awasthi used the Right to Information Act (RTI) and found that the alleged complaint against him by one Ehsanul Jabbar Siddiqui from Kurla was never filed in any police station. Awasthi then moved the metropolitan magistrate’s court seeking action against the officers for forgery and false implication.

In June,the officers had approched the HC after which the court had stayed the proceedings. However,Awasthi moved the apex court to get the stay vacated.

In reply to this,the state moved an application in the Supreme Court against the vacated stay order but the application was disposed of. The court held that the FIR has to be filed and investigation has to go on.