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Thursday, October 14, 1999

ACP asked to pay litigation cost

EXPRESS NEWS SERVICE  
NAGPUR, OCT 13: Assistant commissioner of police (Kotwali Division) Mangaljit Siram has been directed by the High Court bench here to pay Rs 500 towards cost of litigation arising out of his refusal to provide a certified copy of his own order, passed in capacity as Special Executive Magistrate (SEM), to a person facing preventive action.

The person, Asghar Hussain and his aide, desired to challenge in the sessions court the ACP's order asking them to enter into a peace-keeping bond for a period of one year but were unable to do so owing to persistent refusal by the ACP to part with a certified copy.

Hussain and his aide were booked as per preventive measures under Section 107 of the Code of Criminal Procedure (CrPC) upon a complaint by Salim Chimthanwala of Shanti Nagar.

Justices J N Patel and S G Mahajan, comprising the division bench, observed in their order, issued on October 6, that the ACP (Kotwali) in exercise of powers as Special Executive Magistrate (SEM) dealing with chapter cases, was acourt whose record can be inspected by anyone and certified copies of the same can be obtained by any person concerned with the proceeding before the court.

``The SEM has to make necessary arrangement for prompt disposal of application for certified copies and has no right under the law to refuse grant of inspection of certified copies to any person entitled to it,'' the order stated.

Moreover, the court has directed that copies of its order be circulated to all the SEMs or ACPs with a stern warning that any future complaint of this nature would be dealt with seriously. Finally, it asked the ACP (Kotwali) to pay Rs 500 towards cost of the litigation to the petitioner within two weeks of the order.

Advocates M R Daga and Rajendra Daga appeared for the petitioner while APP A S Sonare represented the State.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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