Ultra vires order passed by Mumbai Police regarding cases of molestation and POCSO Act
Majlis
The Mumbai Police has issued an ultra vires order No 245/2022 dated 6th June 2022 stating that in cases of molestation and POCSO the police officer should seek recommendations from an assistant commissioner of police (ACP) and permission from a deputy commissioner of police (DCP) before registering an FIR. The order also has some derogatory remarks about filing of false cases.
We have drafted a letter asking for the immediate withdrawal of the order.
If you wish to endorse the same, please send your endorsement latest by 2 pm tomorrow, i.e. 11th June, 2022 using the following link: https://forms.gle/e44LfjgSLjYXPksx5
Do reply to this email to suggest changes.
Warm regards
Audrey Dmello
Majlis
10th June 2022
To
The Commissioner of Police
Mumbai
Dear Sir
Sub: Immediate withdrawal of your order No 245/2022 dated 6th June 2022
We, the undersigned organisations and individuals, are concerned with the rights of women, children and all marginalized groups.
Sir, we are shocked and distressed by your order (245/2022 dated 6th June 2022) which is a violation of the law and a travesty of justice.
Your order asking for a police officer to seek recommendations from an assistant commissioner of police (ACP) and permission from a deputy commissioner of police (DCP) in cases of molestation and under POCSO Act, is a grave violation of the law as under:
S. 154 (1) Cr.P.C - information relating to the commission of a cognizable offence shall be reduced to writing immediately.
S. 166 A (c) IPC if a public servant fails to record any information given to him under S. 154 (1) Cr.P.C, in relation to cognizable offence punishable under S. 326A, S. 326B, S. 354, S. 354B, S. 370, S. 370A, S. 376, S. 376A, S. 376AB, S. 376B, S. 376C, S. 376D, S. 376DA, S. 376DB, S. 376E or S. 509, shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine. (Criminal Law (Amendment) Act, 2018)
Until now a police officer would immediately register an FIR, on receipt of complaint as mandated by the law. Your order will cause unnecessary delays and distress to the survivors and their family. The procedure recommended by your order is not only ultra vires but will cause grave harm and threat to the victim. Considering the busy schedule of the senior officers, the following should have been considered before issuing the order
The adverse impact on the survivor, who would have mustered great courage to approach the police station, to seek justice & redressal.
The impact on the survivor and their family, should the accused get information that they have approached the police station.
The threat and harm the accused can cause to the survivor and their family and a distinct possibility of tampering with evidence.
The gross delay in medical treatment which could also lead to loss of evidence
We also take serious offence to your comments about ‘False Cases’ as your statements are not backed by any legal or evidentiary proof. Your concern for the alleged accuser's reputation being tarnished is also uncalled for and unwarranted.
Your circular shows no concern, whatsoever, for the survivor and the trauma they have gone through in the most difficult times of their life.
Your order will undermine the efforts of committed individuals and NGOs who have worked tirelessly to implement the law. Thousands of police officers in Mumbai have been trained to perform their duties as per procedures of the law and in a victim friendly and sensitive manner.
The Order issued by your office will cause serious infrigement to the rights of survivors of sexual abuse and cause undue delay in their access to justice.
We demand the immediate withdrawal of the said order in the interest of justice.
Yours sincerely
[Endorsements to be added here]
Attaching a copy of the office order for your information.
Majlis Job Application Form https://forms.gle/sGq3gmiwReUq6dsBA
Majlis Intern Application Form https://forms.gle/AJbu2XmibqEDdZSC8
