The Bombay High Court has issued a stern warning to the Maharashtra police, holding them accountable for the safety of Asif Shaikh, a Muslim man who was allegedly attacked despite existing protection orders. The court emphasized that any harm befalling Shaikh would result in direct responsibility being placed on the concerned police officers.
Background of the Case
In January 2024, Asif Shaikh, along with his family, boarded a train from Kankavli in Sindhudurg district to their home in Chembur, Mumbai. During the journey, they were allegedly harassed by a group of approximately eight students. The situation escalated when the students inquired about Shaikh's religion upon hearing him speak Hindi. Upon learning that he was Muslim, the students reportedly subjected the family to religious slurs and coerced them into chanting "Jai Shri Ram." They further suggested that those unwilling to chant the slogan had no place in India and should relocate to Pakistan.
Legal Proceedings and Protection Orders
Following the incident, Shaikh filed a complaint against the students and subsequently against BJP leader Nitish Rane, alleging assault in retaliation for his initial complaint. The case was brought before a division bench comprising Justices Revati Mohite-Dere and Prithviraj Chavan, who have been actively monitoring the investigation. Recognizing the potential threat to Shaikh's safety, the court had previously ordered round-the-clock police protection for him, especially during his visits to Kankavli.
Alleged Breach of Protection and Court's Response
Despite these protection orders, Shaikh's counsel, Gautam Kanchanpurkar, reported a recent life-threatening incident. Upon arriving in Kankavli, Shaikh was initially escorted by a police constable. However, the constable allegedly disappeared for over four hours. During this unprotected period, Shaikh was reportedly followed by a car that attempted to run him over, forcing him to evade harm by jumping aside.
In response to this alarming report, the High Court admonished the state police for their negligence. Justice Mohite-Dere stated, "If anything happens to the petitioner there, we will hold that officer responsible." The court emphasized that the Superintendent of Police would also be held accountable for any harm that befalls Shaikh.
Implications and Next Steps
This incident underscores serious concerns regarding the enforcement of court-ordered protections and the safety of individuals facing communal harassment. The High Court's warning serves as a critical reminder to law enforcement agencies about their duty to uphold the safety and rights of citizens, especially those under direct threat.
The court has scheduled the next hearing for this case after the Christmas and New Year break, indicating its commitment to closely monitor the situation and ensure compliance with its orders. This development highlights the judiciary's proactive stance in addressing failures in the implementation of protection measures and holding law enforcement accountable for lapses in duty.
The situation continues to evolve, and the forthcoming court sessions are expected to further address the adequacy of police protection provided to Shaikh and potentially lead to stricter enforcement measures to prevent such incidents in the future.
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