Asking CBI Officer To Show ID is Not Assault: Bombay High Court

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Synopsis

The bench, in its order, also observed that the young law student, who was interning at the time, would have suffered ignominy and disgrace at the very threshold of entering the noble profession

The Bombay High Court has recently discharged three lawyers in a case registered against them for allegedly asking for ID cards from CBI officers.

A single-judge bench of the High Court, comprising Justice Milind Jadhav, was hearing an appeal against the Sessions Court's order, which had refused to discharge the three lawyers accused of assaulting CBI officers.

Advocates Gobindram Talreja, Haresh Motwani, and Prateek Sanghvi (an intern) were arrested in 2007 concerning a raid conducted at their office related to one of their clients.

On the day of the incident, Talreja was in court. He informed Motwani about the raid and assured that the investigation would proceed smoothly.

However, at 4:45 PM, Motwani informed Talreja about the alleged mistreatment by the officers, prompting Talreja to arrive at the office and request the officers to show their ID cards. Following a quarrel, the CBI arrested all three lawyers, who were released the next evening.

In its order, the high court noted that merely asking CBI officers to show their identity cards does not restrain them from performing their duties.

“Asking the CBI Officers to show their identity cards is not restraining them from carrying out their duty. This is the only thing that has transpired in the present case leading to the indictment of Applicant,” the order reads.

The bench, in its order, also observed that the young law student, who was interning at the time, would have suffered ignominy and disgrace at the very threshold of entering the noble profession.

“This Court can only imagine what must have gone through the mind of a young college going law student i.e. Applicant No. 3 who was interning with Applicant No. 1's firm as a Law Intern at the then time to have suffered the ignominy, disgrace and infamy when at the threshold of stepping into this noble profession he was arrested," the order states.

While directing the officers to pay ₹15,000 each, the bench noted that the applicants had endured suffering for 17 long years.

“The costs are awarded in order to send a clear message to the Law Enforcement Agencies to ensure that legal provisions are not misused by them so as to cause irreparable hardship and sufferance to the common man and citizens of this country and that Rule of law prevails,” the order reads

Case title: Gobindram Daryanumal Talreja vs State of Maharashtra