In a crucial decision concerning an accused police naik and a female police naik alleging rape and intimidation, the Bombay High Court has emphasized the fundamental right to fair notice. Justice Sarang Kotwal quashed a proclamation order declaring the accused an absconder, highlighting the mandatory 30-day notice period before such a declaration can be made.
The case stemmed from a complaint filed by the woman police naik at the Khadak police station in Pune. She accused the applicant of persistently harassing her with marriage proposals despite her repeated refusals. The complaint further alleged that during the 2020 Covid-19 lockdown, the accused drugged and sexually assaulted her, subsequently blackmailing her with explicit photos and videos. He was also accused of continuing the abuse, using derogatory language, threatening exposure, and even physical harm or death.
While earlier pleas for pre-arrest bail were dismissed by both the sessions court and the high court, the issue centered around the proclamation order. This order, issued by the Judicial Magistrate First Class (JMFC) in Pune, instructed the accused to appear before the court by December 4, a mere five days after its publication on November 29.
Advocate Aashish Satpute, representing the accused, contended that the proclamation order violated Section 82 of the Code of Criminal Procedure (CrPC). This section mandates a 30-day notice period before an accused can be declared an absconder. Citing three previous high court orders and emphasizing the importance of fair notice, Satpute argued that the JMFC’s directive was unjust and illegal.
Additional Public Prosecutor Sangita Shinde conceded the point regarding the violation of CrPC section 82 but pleaded for liberty to pursue alternative remedies to secure the accused’s presence should the proclamation order be quashed.
Justice Kotwal, acknowledging the CrPC requirement and the previous precedents, quashed the proclamation order. While upholding the accused’s right to fair notice, the court granted the investigating agency the liberty to take appropriate steps in accordance with the law to ensure the accused’s presence in court.
This case sets a vital precedent by safeguarding the fundamental right to a fair trial and due process. By emphasizing the mandatory 30-day notice period before declaring an accused an absconder, the Bombay High Court has reaffirmed the importance of justice being served not only swiftly but also equitably. The case also highlights the ongoing struggles faced by women in navigating the legal system, particularly when facing powerful individuals as alleged perpetrators.
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