LI Network
Published on: 23 December 2022 at 13:32 IST
Bombay High Court quashed an FIR against a man and said it was “shocked and appalled” at how a police officer could have booked a man under the Official Secrets Act (OSA) for the “Alleged act of taking a photograph of the police station from outside”.
Bombay High Court division bench of Justices Revati Mohite Dere and Prithviraj Chavan said, “The law cannot be misused/abused and must not be used as a tool for harassing or tormenting persons. It is the duty of the Police to protect people and act in accordance with law,”.
With imposing a fine of Rs 25,000 on the State to be paid to the petitioner, which may be recovered from the salaries of the police officers who invoked the OSA in this case.
The matter pertains to a case registered at Akluj Police station in Solapur last July against a local- under section 3 (spying) of the Official Secrets Act, 1923 — who was later chargesheeted under the same section on 12 August 2021 for clicking a photograph of the police station from outside.
Bombay High Court in it’s order dated 8 December said, the petitioner was called to the Akluj police station in connection with another case lodged against him there. The petitioner had told the court that he was booked for using his mobile phone to take photographs of the police station from outside while the head constable- who is also the first respondent in the case- was writing down complaints.
Bench added, “Prima facie, it appears to have been malafidely invoked by the concerned Police. By no stretch of imagination, section 3 could have been invoked in the facts of the present case. It is pertinent to note, that the definition of ‘prohibited place’ as defined in section 2(8) of the Act, is an exhaustive definition, which does not specifically include ‘Police Station’ as one of the places or establishments,”.
It went further to add that the invocation of section 3 of the Act can have “drastic consequences on the person against whom it is invoked” since it could impact one’s reputation, job and career. “It cannot be lightly invoked, to jeopardize someone’s life and career. Law cannot be misused or abused and must not be used as a tool for harassing or tormenting a person.”
Bombay High Court bench also raised concern over how FIRs were being filed under Section 3 of the OSA by the police without “Application of mind”- which it termed a “serious concern”.
To that effect, the court ordered that a copy of its order be sent to the Maharashtra Director General of Police (DGP), Mumbai police commissioner and state home department to ensure that appropriate steps are taken to prevent the misuse of the Official Secrets Act.
“It is also open for the Authorities concerned, to consider whether a senior high ranking level officer be informed when an F.I.R under the Official Secrets Act is lodged, in matters concerning the Police Station, to curb misuse of the Act,”.
Pointing out that, in order to attract provisions of the OSA, the incident in question has to take place in a “prohibited place”, the HC noted that the police station does not qualify as one.
Division Bench observed,“Registration of the offence as against the petitioner, in the facts, is clearly an abuse of the process of law and if not quashed, would lead to serious miscarriage of justice, which cannot be countenanced,”.
