Maharashtra rights panel directs police dept to pay Rs 10 lakh to jeweller ‘extorted by 3 cops’

The Indian Express had reported on March 21, 2024, that the Mumbai police had initiated a departmental inquiry against a woman police sub-inspector, Kajal Pansare, and two police constables, Rajesh Palkar and Sudarshan Puri, of Azad Maidan police station for allegedly demanding and accepting Rs 25,000 from Nishant Jain, a jeweller based in Dhobi Talao.

According to the complaint, the police officials allegedly went to Jain’s shop at around 8.39 pm on March 1 and claimed they were investigating a case related to a stolen gold bracelet, which the complainant had allegedly purchased from a woman.

Jain said, “The three police officials later asked me to come to the police station, where they detained me…for hours and demanded Rs 50,000 to avoid arrest under section 411 (dishonestly receiving stolen property) of the Indian Penal Code. I was only allowed to leave after paying Rs 25,000, which I took from my father, who was also at the police station.”

Stating that he was subjected to mental and physical torture, Jain lodged a complaint with senior police officials and simultaneously submitted a complaint application to the MSHRC. A departmental inquiry was subsequently conducted, and the three police officials were given a punishment of “two years of increment stoppage.”

Meanwhile, the MSHRC periodically heard updates from the police department and expressed its dissatisfaction with the police action, questioning whether the law enforcement agency had a different approach in registering offences under penal law against its officers. It stated, “Despite such lapses and breaches on their part we failed to understand as to how a simple departmental action is initiated against them.”

After reviewing the submissions, the Commission issued an order on December 18 stating, “Respondent nos. 1 to 3 (Commissioner of Police, Deputy Commissioner of police (zone 1) and Director General of Police) do pay compensation of Rs 10,00,000 (Rupees Ten Lakh Only) to complainant Shri Nishant Jain within six weeks from the date of receipt of the order, failing which to pay simple interest @ 6% p.a. on the awarded amount till its full realisation.”

The commission further recommended the Mumbai police commissioner to consider and direct the police station concerned to register an FIR under section 173 of the Bharatiya Nagrik Suraksha Sanhita as well as section 308 (extortion) of the Bharatiya Nyaya Sanhita.

The order read, “With an alarming rise in such incidents at the police station involving members of the legal fraternity, Director General of Police, State of Maharashtra, Mumbai to initiate seminars periodically at all the Commissionerates / Divisions for sensitisation of the police force in Maharashtra state and to focus on developing a sense of responsibility, courtesy, in dealing with the citizens, victims who look at them as protectors of law.”