'Will Hold You Responsible If Anything Happens': Bombay HC Tells Police After Muslim Man Was Allegedly Attacked Despite Protection Orders

After it was informed that a Muslim man, who along with his family was allegedly forced to chant "Jai Shri Ram" on a Mumbai-bound train, had escaped an allegedly "planned" accident in Kankavli, the Bombay High Court on Thursday (December 19), warned the state police that if anything happens to the man or if he dies, the concerned police officers will be held accountable for the same.

Notably, in January this year, Asif Shaikh had boarded a passenger train from Kankavli in Sindhudurg district to reach his home in Chembur, Mumbai. However, their journey turned out to be a nightmare, with around eight students including a girl, started creating chaos in the train and on being requested not to make noise, since Shaikh's two daughters were scared, the students allegedly asked Shaikh about his religion, since he spoke in Hindi.

On being told that he was a Muslim, the petition, stated that the students, all of whom were Hindus, started making religious slurs against Shaikh and his family and harassed them. They even forced the family to chant "Jai Shri Ram." The students, further told the family that all those, who do not chant this religious slogan, they have no right to live in India and must in fact, go and settle in Pakistan, the petitioner alleged.

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan has been hearing the matter from time to time and is monitoring the probe as allegations have been made not only against the students but also against BJP leader Nitish Rane for allegedly assaulting him for filing a case against the students.

On Wednesday (December 18), Shaikh's counsel Gautam Kanchanpurkar told the bench that his client will be again travelling to his native place in Kankavli and thus apprehends attack from Rane or others, who have been opposing him for filing criminal cases against the students and also against Rane. The bench had then orally directed the State Police to provide 24x7 protection to Shaikh, once he reaches Kankavli.

However, on Thursday, Kanchanpurkar, mentioned the matter and informed the bench that despite clear order to provide protection, his client escaped a life threatening accident. 

"A constable received my client when he reached Kankavli station. From there till his house, the constable escorted him. However, he suddenly vanished for more than four hours. When my client went to purchase milk, a car followed him and suddenly it increased its speed and tried to dash him. He however, saved himself by jumping on the other side of the road," Kanchanpurkar told the judges. 

Kanchanpurkar, further told the judges, that when his client tried to report the same to the local police, the officers, there told him to come afterwards.

On hearing this, a visibly irked Justice Mohite-Dere questioned additional public prosecutor Prajakta Shinde if the oral order to provide protection was properly communicated or not.

"What is going on Madam Prosecutor? Our orders were not communicated? Did you not tell the officers there that the petitioner will have protection throughout his time there?" Justice Mohite-Dere asked. 

However, when Shinde said that order was properly communicated but she would need instructions on this alleged lapse on part of the local police, the bench made it clear that it will hold the officers accountable.

"Mr (Hiten) Venegavkar (Chief Public Prosecutor) now you will have to personally communicate our order to the officers there. Also, tell them, if anything happens to the petitioner there, we will hold that officer responsible. Tell the Superintended of Police also, even he will be held accountable. If that man dies there, each one will be held responsible," Justice Mohite-Dere said. 

The bench has now posted the matter for hearing on re-opening of the High Court post the Christmas and New Year break.