The Bombay high court has said “imprudent acts of investigators (police)” were “overburdening criminal courts” and summoned a joint police commissioner on December 20 to explain what steps, if any, are taken to ensure investigations are “honestly done”.

The joint CP will also have to submit a report on the case of amurder outside a hookah parlour filed by the Goregaon police recently (see box).

The scathing observations came when the court was hearing on Friday the pre-arrest bail plea of parlour owner Nasir Ansari, who claimed he was being falsely implicated. Justice A M Badar observed that investigations did appear improperly supervised and granted Ansari protection against arrest on a bond of Rs 15,000.

“Day in and day out, this court notices several instances where police officers unnecessarily implicate as many individuals as they can in criminal cases, which overburdens the system, affects conviction rate… and the illegal and erroneous investigation results in harassment to many,” said Justice Badar.

Ansari said he cannot be made an accused just because the crime occurred outside his parlour. He said he had “driven out two groups of people who were fighting” from the parlour and they had a scuffle outside when a person was killed.

After hearing arguments, Justice Badar observed that the police officers were acting without prudence “deliberately for motive known to the officer who was instructing the public prosecutor”. The matter needs “serious consideration at the level of higher officers in the police department”, he added.

“This court expects the commissioner of police to look into the matter and depute the concerned joint commissioner of police to this court on the next date to explain the stand of the police department in taking effective steps to ensure that the investigation of the crime is done honestly, to eliminate overburdening the criminal justice system by sensitising officers though proper training.” After assistant public prosecutor J S Lohokare vehemently opposed Ansari’s plea at the instance of the police officer present, the judge said: “The case is a glaring example of high handedness of the police officer which warrants serious consideration by superior officers from the police department, to ensure smooth functioning of criminal justice system.”

As carried in TOI