Every Offence Is Seriously Investigated, Especially Crimes Against Women: Mumbai Police Tells High Court

In a response to the 'continuous criticism' by the Bombay High Court for 'shoddy probes' in cases pertaining to women, the Mumbai Police has informed the High Court that it takes each and every offence seriously and gives priority to offences against women.

In an affidavit, Vivek Phansalkar, the Commissioner of Police, Mumbai has urged the bench of Justices Ajay Gadkari and Dr Neela Gokhale not to draw a conclusion that cases against women are not probed seriously by the city's police force.

"It is humbly submitted that every offence is seriously investigated by the police officials, and the offences against the women are always taken on priority and are seriously investigated. Therefore, one such case by an officer may not he taken as an instance to draw the conclusion that the Mumbai Police are not seriously investigating the offences related to women. As Head of the Mumbai Police Force. it is my bounden duty to see that all the offences including offences against women are viewed seriously and are investigated promptly," Phansalkar has said in the affidavit.

The affidavit has been filed in response to an order passed by the bench on August 1, while hearing the plea filed by one Nikhil Vengurlekar, who had sought to quash a First Information Report (FIR) lodged against him on March 22, 2023 at the Dindoshi Police Station under charges of outraging modesty (section 354) of the Indian Penal Code (IPC). The accused Vengurlekar had allegedly tried to disrobe the victim in the case and had torn her clothes. The bench, while hearing the said plea, noted that the investigating officer did not seize the torn clothes.

In its order, the judges noted that not seizing the torn clothes was a 'fundamental' lacuna in the investigation.

"Prima facie it appears to us that, the investigation of the present crime is not commensurate with the claim generally made by the State Administration that, offences against women are being viewed seriously and investigated promptly," the judges observed in their August 1 order.

Accordingly, the bench had ordered Phansalkar to file an affidavit after personally looking into the case papers.

In his affidavit, Phansalkar has explained to the judges that he personally looked into the case files and opined that the investigation officer overlooked the important aspect of the allegation wherein the purpose of Section 354 offence was invoked as the accused tore the clothes of the victim and thereafter committed the offence of outraging her modesty.

"In my humble submission. I have come to a conclusion that this is a failure of Investigating Officer in conducting the investigation which as on today has led to a serious lacuna in the prosecution case. In respect of the failure on the part of the Investigating Officer is concern, an appropriate departmental enquiry / disciplinary action will be initiated by an officer not below the rank of Deputy Commissioner of Police and on the conclusion of the same, an appropriate action will be taken against the said officer," the affidavit filed by Mumbai's top cop, stated.

The bench will continue hearing the matter in due course.