Mumbai: After facing flak over a controversial circular on the recommendation of the Deputy Commissioner of Police (DCP) and the Assistant Police Commissioner (ACP) rank officer to record crimes under the Sexual Offenses Protection Act (POCSO) and harassment in controversial cases, the government has revisited the controversial circular. Has said.
The National Commission for Protection of the Rights of the Child (NCPCR) and the Maharashtra State Children’s Rights Commission (MSCPCR) have disagreed with the circular devoted solely to controversial issues. Both have written to the police to withdraw immediately as they have violated the provisions of the Pokso Act.
“Last week was extreme. There seems to be some misinterpretation of our Circular for reviewing certain cases. We have tried to eliminate the abuse but we will definitely reconsider if the majority thinks so, ”Mumbai Police Commissioner Sanjay Pandey tweeted on Saturday.
Mumbai Police issued a circular on Thursday, directing all police stations in the city not to register crimes under Poxo in disputed matters until permission from the DCP and the ACP’s recommendations are received. The circular issued by Pandey aims to curtail the registration of false cases.
The police have noted that a number of cases have been filed under Poxo, a property dispute, old feud, financial transaction or personal dispute.
In such cases, the accused was arrested without proper review and the case was later found to be fake and the accused had to be released under Section 169 of the Criminal Procedure Code (CRPC).
“With such arrest, the accused had to be subjected to personal trauma and defamation in society and his image in society was ruined,” the police circular said.
To avoid such incidents, cases can be filed only after the recommendation of the ACP and the approval of the DCP level officer, ”it said.
DCPs need to ensure that the Supreme Court’s decision in the Uttar Pradesh government’s case against Lalitha Kumari is being followed when dealing with crimes that talk about recording crimes.
Although police sources say the circular applies mostly to controversial cases, it is only after the crime has been recorded that the case is verified or not. And this can cause further confusion, which may ultimately lead to the absence of registering crimes in actual cases.
Pandey tweeted, “Actually, registering a wrongdoing is a very difficult process to close. The review will never mean days or weeks.
Sources said that Mumbai Police could soon formally withdraw the circular as the NCPCR and MSCPCR have to answer and clarify in the next seven days.
The letter of the NCPCR to the Director General of Police and the Mumbai Police states that the Commissioner’s order “will cause serious infringement on the right of the victims of sexual harassment and cause unnecessary delays for the victims to seek justice”. It said the order violates “the real purpose and inspiration of the Pokso Act.”
It said that certain offenses under the POCSO Act are identifiable offenses and the FIR must be filed immediately in accordance with the procedure laid down under the Criminal Procedure Code.
The NCPCR has requested that the order be withdrawn after review by the DGP office. It is also asked to send a report to the Commission over the next seven days.
“We are shocked and saddened by your order, which is a violation of the law and a parody of justice,” the MSCPCR said.
“Please note, your order seeking a police officer’s recommendation from the Assistant Police Commissioner (ACP) and seeking permission from the Deputy Police Commissioner (DCP) is a serious violation of the said Poxo Act.” Commissioner of Police.