Mumbai, Feb 22 (UNI) Sujata Nikhalje, wife of underworld don Chhota Rajan, booked under MCOCA, today moved the Bombay High Court, seeking direction to award compensation and action against police officers who had allegedly violated the apex court guidelines at the time of her arrest.
A division bench consisting of Justice B H Marlapalle and Justice Roshan Dalvi adjourned the hearing to tomorrow with direction to the police the file a reply.
Advocate Satish Mane Shinde, arguing on behalf of Sujata, told the court that the petitioner is a businesswoman and wife of Rajendra Nikhalje, who is allegedly involved in criminal activities and wanted by the Mumbai police, but she has been living seperately from him for the last 15 years and has nothing to do, whatsoever, with her husband's alleged illegal activities.
The court was also told that on December 14, 2005, Sujata was summoned by the Crime Branch officials to record her statement, but was arrested the same day without the grounds of her arrest under MCOCA being revealed to her.
Advocate Shinde argued that while arresting the petitioner, Assistant Commissioner of Police Vinayak Kadam and Senior Police Inspector Nagesh Lohar of Unit 4, Crime Branch CID, had violated the Apex Court guidelines by not revealing the grounds of arrest.
The petitioner told the Court that in this regard a complaint was made before the Maharashtra Human Rights Commission on December 16 last year and a three-member committee was set up to inquire into the allegation made by her.
The Committee had held that there was gross violation of the guidelines of the Supreme Court by ACP Vinayak Kadam and Senior PI Nagesh Lohar. It directed the Police Commissioner to initiate a departmental inquiry against the erring police officers but no action was taken to date.
The petitioner also prayed to the court that investigating officers be directed not to be involved, directly or indirectly, in the investigation in the present case and that the respondent also be directed to pay exemplary damages by way of compensation for gross violation of human rights.
UNI XR-ARM KD RL PM1622