Bombay High Court
Bhaskar Shashank Sarkar And Anr vs The State Of Maharashtra And Anr on 17 January, 2022
Bench: S.J. Kathawalla, Milind N. Jadhav
KANCHAN
PRASHANT
DHURI Kanchan P Dhuri 1 / 7 1-WP-2672-2021.odt
Digitally signed by
KANCHAN
PRASHANT DHURI
Date: 2022.01.15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
19:04:07 +0530
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 2672 OF 2021
Bhaskar Shashank Sarkar and another ... Petitioners
Versus
The State of Maharashtra and another ... Respondents
.........
Mr. Shehzad Naqvi for the Petitioners.
Ms. Sangita Shinde, APP for the State.
.........
CORAM : S.J. KATHAWALLA AND
MILIND N. JADHAV, JJ.
DATED : JANUARY 14, 2022
(through video-conferencing)
P.C. :-
1. On 31st December, 2021, this Court passed the following Order :
"1. The Petitioners have filed the present Writ Petition seeking directions against Respondent No.1 - State of Maharashtra through Senior Inspector of Police, Kasarvadavli Police Station and Respondent No.2 - Kherwadi Police Station, Bandra East, Mumbai 400 051, to produce the Petitioners' mother before this Court within such period as this Court may deem fit and proper.
2. The Petitioners - Bhaskar Shashank Sarkar and Dipankar Shashank Sarkar are the sons of of one Uma Shashank Sarkar, who is a senior citizen aged 71 years and has been missing from her home at 113/A, Sainath Apartment, Kasarvadavli, Thane, since 13th February, 2021.
3. On 13th February, 2021, Smt. Uma Shashank Sarkar, suffering Kanchan P Dhuri 2 / 7 1-WP-2672-2021.odt from Alzheimers (dementia) went missing from her home at 113/A Sainath Apartment, Kasarwadavali, Thane. Her sons - the Petitioners abovenamed, gave a missing persons complaint at Kasarvadavali Police Station on 14 th February, 2021. On 16th February, 2021, the lady Uma Shashank Sarkar was found at Kherwadi area and was brought to Kherwadi Police Station. She was kept at Kherwadi Police Station at 10.00 a.m. and the Court was informed that by 8.00 p.m. she had left the Police Station on her own.
4. On 30th December, 2021 we were informed that the lady was uttering the words "Air India" (being an ex-employee of Air-India) and we are today informed that the lady was only uttering the words "Air India Colony". Today we are further informed that the Police authorities immediately made enquiries at the Air India Colony, but were informed that there was no lady residing there by the name Uma Shashank Sarkar. It is therefore obvious that officials at the Police Station were aware that the lady who was unable to provide her address or any details about the members of her family, was suffering from dementia. Instead of taking utmost care of her whilst she was in the custody of the Police authorities, they did not pay attention to her movements, because of which she left the Police Station and is not found till date. This negligence on the part of the Police is unpardonable and speaks volumes about Police insensitivity in matters involving senior citizens.
5. On 30th December, 2021, we therefore spoke to the Incharge Additional Commissioner of Police, Western Region and the Deputy Commissioner of Police, Zone - 8 through video-conferencing and we recorded in our Order of the same day that we are not satisfied with the explanation given by the Deputy Commissioner of Police, Zone-8 with respect to the lapse on part of the Police in taking care and ensuring the safety of Uma Shashank Sarkar. More particularly when we enquired whether the concerned officials had prepared any report regarding what had transpired at the Police Station and why the lady who was brought to the Police Station was not taken care of, to the extent of ensuring that she should Kanchan P Dhuri 3 / 7 1-WP-2672-2021.odt not leave the Police Station, more so when it was obvious that the said lady was suffering from Alzheimers/dementia, we were informed that she left the Police Station when the duty officer was busy with some other work. We have also recorded in our Order dated 30th December, 2021 that as usual no action whatsoever was taken against the erring officers by their superiors. We therefore asked the Deputy Commissioner of Police to file his Affidavit alongwith the Affidavits of Ms. Vijaya Gavade, Duty Officer at Kherwadi Police Station who attended to the said Uma Shashank Sarkar at the Police Station on 16th February, 2021, and of the other concerned officers.
6. Today, the Deputy Commissioner of Police along with the other concerned officers are present in Court. We have noted that the Deputy Commissioner of Police - Shri Swami is a conscientious officer and was unable to answer the questions put to him by this Court on 30 th December, 2021, because he has been given charge of Zone 8 only in November 2021 and also because on that day i.e. 30 th December, 2021 he appeared before this Court through video-conferencing within a few minutes from the Court requiring his presence, as well as the presence of the Additional Commissioner of Police, Western Region.
7. The Learned APP representing the State has today informed us that though the Affidavits have been filed as directed by the Court, the same have remained to be affirmed. We have gone through the unaffirmed copy of one of the Affidavits. Admittedly, Ms. Vijaya Gawade, Duty Officer of Kherwadi Police Station, who was the Duty Officer at Kherwadi Police Station on 16th February, 2021, has prepared the report about a week later, as to what transpired on 16th February, 2021. In the Affidavit it is also mentioned that the police authorities including Ms. Vijaya Gawade was not aware on 16th February, 2021 that the lady was suffering from Alzheimers/dementia. We do not accept this submission for the reasons set out in paragraphs 4 and 5 above and also because Ms. Gawade has informed the Court that on 16th February, 2021, after the lady was brought to the Police Station, she had contacted several NGO's including a Centre for Kanchan P Dhuri 4 / 7 1-WP-2672-2021.odt mentally ill patients at Borivali to house her until her whereabouts were known, however all the shelter homes as well as the Centre for mentally ill refused to admit her due to Covid. We informed the Deputy Commissioner of Police, Zone-8 that the second wave of Covid started in April 2021 and on 16th February, 2021, things were quite normal. Again, if none of the NGO's or Centre for Mentally ill refused to house Ms. Uma Sarkar, the Duty Officer ought to have spoken to her superiors, who in turn would have arranged admission of Ms. Uma Sarkar in a shelter home, or a centre for mentally ill patients, or the Psychiatric Ward of J.J. Group of Hospitals, who surely would not have turned down the request to admit the 71 years old senior citizen Ms. Uma Sarkar, and to take care of her. Further if the Duty Officer was not aware that Ms. Uma Sarkar was suffering from Alzheimers/dementia, as stated in the Affidavit, why did she make a request to the Centre for mentally ill to house Ms. Sarkar. Moreover, though the Court is informed that several steps were taken to look out for Ms. Sarkar after she went missing from the Kherwadi Police Station on 16 th February, 2021, the Duty Officer in her reply to the Show-Cause Notice, has stated that when Ms. Sarkar was not found in the Police Station on 16 th February, 2021 after 8.00/8.30 p.m., she was under an impression that Ms. Sarkar had left for her house. From this it is apparent that no convincing answers are forthcoming from the Duty Officer. However, the Deputy Commissioner of Police informed the Court that action has been initiated against the Duty Officer by issuing a Show Cause Notice to Smt. Vijaya Gawade on 6 th October, 2021, i.e. after the above Writ Petition was filed. She has given her reply to the same on 23 rd November, 2021. Though much can be said about the contents of the Affidavit/s filed before us, we are at this stage not inclined to set out the same herein, since the Deputy Commissioner of Police, Zone-8 - Shri Swami has assured the Court that he will leave no stone unturned in tracing Smt. Uma Shashank Sarkar if atleast 10 days are given to him. We therefore adjourn the matter to 14 th January, 2022. By consent of the parties, this matter be treated as part-heard. Registry to obtain necessary Kanchan P Dhuri 5 / 7 1-WP-2672-2021.odt approval from the Hon'ble the Chief Justice in this regard."
2. As stated hereinabove, the Court was assured by Shri Swami, Deputy Commissioner of Police, Zone-8, that he will leave no stone unturned in tracing Ms. Uma Shashank Sarkar if ten days are given to him. The matter was therefore adjourned to 14th January, 2022, i.e. today, only because of the assurance given to us by Shri Swami.
3. Today, we are informed by the Additional Public Prosecutor that the police authorities have not been able to trace the whereabouts of Ms. Sarkar and Shri Swami, Deputy Commissioner of Police, Zone-8, is quarantined since the last 3-4 days and is therefore unable to remain present before us through video-conferencing.
The Additional Public Prosecutor has tendered a long report running into about 9 pages. The report expected from the police authorities ought to only set out the attempts made by the police authorities in the last two weeks to trace Ms. Sarkar.
Instead the report submitted in Court, which is endorsed by the Senior Police Inspector, Kasarvadavali Police Station, Thane, sets out that, Ms. Sarkar did not get along well with other members of the society, they did not pay their monthly rent on time to the landlord/owners of the flat and hence they were called upon to vacate the flat. This clearly shows that the police authorities are only making futile attempts to blame the family of Ms. Sarkar, despite knowing fully well that Ms. Sarkar who had gone missing was brought to the Police Station on 16 th February, 2021, and the police Kanchan P Dhuri 6 / 7 1-WP-2672-2021.odt authorities despite knowing that she had problems with regard to her memory, had allowed her to leave the Police Station at around 8.00 p.m. to 8.30 p.m. on the same day, instead of keeping vigilance on Ms. Sarkar. The particulars set out in the report shows that the author of the report, including the Senior Police Inspector who has endorsed the report are not aware what is expected by the Court, i.e. as stated hereinabove to submit to the Court the details with respect to the steps taken by them in the last two weeks to trace Ms.Sarkar. The contents of the said report leaves much to be desired. No concrete and noteworthy steps seem to have been taken by the police to trace a senior citizen suffering from memory loss who has gone missing since the last nearly 11 months, and that to due to lack of police vigilance and care. Even if the Senior Inspector endorsing the said report had taken the trouble to read our previous Order/s he would have understood what is expected from him and his team and would have taken steps to show some bonafide efforts to that end. Just because Shri Swami, Deputy Commissioner of Police, Zone-8, is quarantined since the last 3-4 days, it does not absolve the other Officers of Kasarvadavali Police Station, Thane, from taking steps in furtherance of the Orders passed by this Court. Regrettably, again 15 days since passing our last Order dated 31st December, 2021, have again gone in vain. We are however left with no choice but to once again adjourn the matter to 17th January, 2022 at 12.00 noon virtually, to enable Shri Swami, Deputy Commissioner of Police, Zone-8 to peruse the report produced before us, and apprise the Court qua the status Kanchan P Dhuri 7 / 7 1-WP-2672-2021.odt of the case on that day. We have also informed the Additional Public Prosecutor that on the next date we may ask the concerned Commissioner of Police to form a Special Investigation Team (SIT) to look into the matter and produce Ms. Sarkar who left Kherwadi Police Station on 16th February, 2021 between 08.00 p.m. and 8.30 p.m. due to the callous approach and attitude of the concerned authorities. Stand over to 17 th January, 2022 at 12.00 noon.
( MILIND N. JADHAV, J. ) ( S.J. KATHAWALLA, J. )