Police officials are known for maintaining law and order but sometimes they are also known for filing false complaints. Senior Advocate Sushan Kunjuraman had become a victim of false urination and molestation case filed against him by female police officer Varsha Gavit. He has forwarded a complaint to Chief Minister Devendra Fadnavis, Principal Secretary Ministry of Law & Judiciary, Principle Secretary, Ministry of Home Affairs and Senior Inspector of Police for taking appropriate action against Aarushi Ramhari Jadhav, female police officer Varsha Gavit, Sanjay Gholve and two other constables. According to Kunjuraman police is misusing section 354 of the Indian Penal Code by filing false molestation complaints against people.
Kunjuraman was travelling from Vikhroli to his residence after meeting his client at 1 am. After the vehicle reached western express highway he asked his driver to stop the vehicle for urinating. He went towards the metro construction fencing area for urinating and noticed Aarushi Ramhari Jadhav and Aamir Shaikh in an obscene position. They asked him to not urinate there. A heated argument started between Kunjuraman and the couple. Aarushi called the police control room. Later female police officer Varsha Gavit wearing a civil dress intervened and asked Kunjuraman to sit in the police vehicle. Gavit used indecent language against Kunjuraman and when he asked about her identity she refused to do so. She then took Kunjuraman to Kasturba Marg Police Station.
Aarushi too was present in the police station for filing complaint against Kunjuraman. She nonetheless did not file any molestation complaint against him. She informed the police that Kunjuraman was trying to urinate in a public place and she had raised objection against it. Gavit threatened to file molestation complaint against Kunjuraman. Who nonetheless defended himself and said that it was an urination case. A case was filed against Kunjuraman under section 354 and 354 (A) of the Indian Penal Code. She asked Kunjuraman to undergo a blood test under the guise of molestation case.
Section 354 is randomly being used by police against any person. They apply section 354 for behaving with any woman in an arrogant manner. There is no conviction. As a result police station and court is overloaded with small cases.
While talking with Afternoon Voice Senior Advocate Sushan Kunjuraman said, “Police stations have become a place for policemen to earn money by filing false complaints against people and blackmailing them. The girl who reaches the police station wins the race to get FIR filed against any person. The person who goes to the police station being the runner up will face an FIR of molestation. A preliminary inquiry should be held before applying section 354. There must be a circumstantial evidence to prove the crime and it should not be based merely on the statements of the girl.”
When Afternoon Voice tried to contact Aarushi Jadhav she remained unavailable for comment. We also tried to contact Senior Police Inspector of Kasturba Marg Police station but he refused to comment on this matter.
“What were Aarushi and Aamir doing in a secluded place? Was it not the duty of the officer to inquire about the same? Why her parents did not come to the police station? Why the lady officer did not call the girl’s parents to find out whether she hails from a good family background? She also did not undergo any medical test,” he added.
