'Don't Misuse Power, Harass People; Show Your Bravery Against Illegal Liquor, Smuggling': Gujarat HC Orally Raps Cop Accused Of Extortion

A bench of Justice Sandeep N. Bhatt orally reprimanded the Police officer concerned by stating that instead of harassing people and misusing power, the cop should rather focus on tackling real criminal activities such as drug trafficking, illegal liquor trade, and organised crime.

“Tamare Crime Branch ma su karvanu che? Recovery ke public ne heran karvanu che.Variye Ghadiye kem bolava pade che. Police to seva mate hoie loko ni. Kayda thi kaam karvanu. [Translation: What are you doing in the Crime Branch? Are you conducting recoveries by harassing people? Why do we have to call you so often? The police are supposed to serve the public, not abuse their power. You should work within your limits,” the single judge orally remarked.

The Court further asked him to do his duty diligently, show his bravery in tackling real issues, and not get involved in such cases. The Court said:

“Jya apdi baahaduri batavani che jemke Drug Pedlars che, Daru nu che, Jugaar nu che, ema dhyaan devu joie ne apde jo apde crime branch ma betha hoie toh. Eva organised crimes thata hoie, Apahraan thaya hoie, eva cases ma apde jadap batavi joie. [Translation: If you're working in the Crime Branch, your courage should be directed towards tackling real issues—drug trafficking, illegal liquor sales, and gambling offenses—not matters like the one you're involved in now. You should be focusing on organized crime, kidnappings, and serious criminal activities.]”

The Police inspector, who has been accused of seizing the car of one Vijaybhai Gopalbhai Vishwakarma, threatening him, and physically assaulting him in connection with a debt dispute, was earlier directed to appear before the court personally.

The Court was hearing a criminal petition filed by the petitioner, Vishwakarma, who sought a directive against a police inspector's alleged "criminal actions" and requested an inquiry into the matter. Advocate Dhruvin Bhuptani represented the petitioner.

According to the petitioner, the police inspector and a constable extorted Rs. 1.5 lakhs from him in exchange for not registering an FIR against him in relation to a complaint filed over a loan dispute. It was also alleged that they took his car away, though the same was returned later.

Taking note of the very shocking and disturbing averments in the petition, the Court had earlier directed the authorities concerned to preserve the CCTV footage of DCB Police Station, Rajkot, on October 16 and 17, 2024 (where the petitioner was allegedly harassed).

Now, on Tuesday, the APP appearing for Respondent No.1—State, at the outset, submitted that the police officers had indeed deviated from the normal procedure required to be adopted and that actions had been taken against them.

Considering this submission, the Bench orally remarked that many such cases had been coming from Rajkot and that not everyone had the courage to approach the court. 

Interacting with the Police officer, the Court asked him not to indulge in such activities as they might affect his track record. The Court also reminded him to do his duties with all honesty and loyalty.

“Apde Gunegaro ne pakadvanu, je thatu hoie e karvu joie, avi badhi matter ma raas lai ne apde su batava mangiye che. Apdo labh thahto hoie nanakdo, koie kidhu hoi ke ama tamne aatla apshu, e barorbar nathi. Kayam mate Mushkeli thai jaie Naukri karvama evu apde na kariye, apdo track record kem kharab karvo joie. Nishtha thi kaam karvu joie ne. [Translation: You should focus on catching criminals and performing all activities legally. What are you trying to prove by getting involved in these matters? If you're receiving any small benefit from these transactions, or if someone is offering you something in return, then it's not acceptable. It would be best if you abstained from doing such a thing in service. It even makes your track record bad. You should perform your duty with all loyalty,” the court orally remarked.

The Court further observed that a police officer is not meant to misuse the authority entrusted to him. The public places their trust in police officers, and if that trust is broken, it could lead to public protests against them, the Court further added.

The Court also warned the police officer that if something came against him in the inquiry, he would be in trouble and that he should be prepared for dire consequences.

“Je report ma avse to tamne mushkeli thase etle tame dhyaan rakhjo. Naukri karvi hoie to shanti thi ane nishtathi karvani, ane jo emni koi khoti vaat hase to emni same pan pagla bharvama avse, pan jo emni vaat sachi avi to tame badha sanjogo ni taiyaari rakhjo. [Translation: Remember, if the investigation report concludes anything against you, it will get you into serious trouble. If you want to continue your job, you must do it with sincerity and diligence. If false allegations are made by the complainant, they will face consequences as well. However, if the allegations are true against you, be prepared for the consequences],” the single judge orally remaerked.

Against this backdrop, noting that the petitioner has no grievance against respondents Nos. 4 to 8, the Court, considering the subject matter and appraising the issue involved in the larger context, adjourned to December 20, 2024.

The Court also directed the concerned officer to file further affidavits regarding the progress in the inquiry against the police inspector.