Police Should Recognize & Assist NGOs When Possible Instead Of Suspecting Them: Bombay High Court

Justice Bharti Dangre in her order observed, "it is also necessary for the Police Department, which is an important organ of the State Government, to recognize and uphold the services carried out by such NGOs and, if possible, to assist them in taking their ventures further, as there are several areas where the State machinery is unable to reach".

The court said that instead of "moving the needle of suspicion" to NGOs widely engaged in social service and helping weaker sections of the society, focus should be on the good deeds done by such NGOs.

The applicant was facing accusation under section 420 read with Section 34 of IPC that money was being collected through a call centre on behalf of his NGO fraudulently. The complaint lodged by Achole police station alleged that calls were made to people stating that two four-year-old children have to undergo Open Heart Surgery and require donation to cover expenses of about Rs. 4.5 lakh each.

The prosecution alleged that the amount was collected but the surgeries were never performed.

The applicant submitted the details of work done by his NGO The applicant also submitted list of the donors that contributed money for one of the children. A certificate from Wadia hospital for Children stating that the child was suffering from congenital heart disease and required Open Heart Surgery which could cost about 4.5 lakhs was also submitted.

The reason submitted for not performing the surgeries immediately was that the hospital was facing shortage of oxygenators which are required in open heart surgery.

The investigating officer (IO) informed the court that the NGO is helping young children by providing educational as well as medical support. It also provides support to old age homes, orphanages, women empowerment, animals etc.

Further, the IO informed the court that the NGO obtained just over Rs 1 crore between August 2021 to March 2022 out of which over 88 lakh have been spent on various NGO activities. Just over Rs. 13.5 lakh are remaining in the account with several projects in the pipeline.

The court noted that the operations of needy and destitute children have been carried out expenses of which are paid through crowd funding done by the NGO. The court considered the statement of the IO and decided that the custodial interrogation of the applicant is not necessary.

Case no. – Anticipatory Bail Application No. 2203 of 2022

Case title – Dashrath Arjun Kamble v. State of Maharashtra

Citation: 2022 LiveLaw (Bom) 399