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Synopsis

Social media influencer Sapna Gill has approached the Bombay High Court, accusing seven police officers, including Mumbai Commissioner Vivek Phansalkar, of negligence for failing to register an FIR (First Information Report) on her complaint against Indian International cricketer Prithvi Shaw.

In a writ petition filed before the Bombay High Court, Gill demanded disciplinary action against the seven police officers for their alleged failure to register a case based on her complaint against Shaw. Gill alleges molestation and outraging her modesty by the cricketer during an altercation over taking selfies at a pub in suburban Andheri on February 15, 2023.

In her plea, Sapna alleges that she got involved in the scuffle to protect her friend and the cricketer, during the assault, placed his hands on her breasts and pushed her away. She also claims to have been subjected to verbal abuse by Shaw, who allegedly said, “Hat Ja Madar**d R*ndi Warna Jaan Se Marduga.”

Despite her allegations, Gill found herself on the other side of the law, being arrested on February 23 by the Oshiwara Police in the aftermath of the incident. She was accused of attacking the cricketer and vandalising his luxury car. Gill was released on bail on February 20 of the preceding year and has since been on bail.

Following her release, Gill lodged a complaint against Shaw and his friend Ashish Yadav, among others, at the Airport police station in Andheri, alleging molestation and outraging her modesty. Notably, Yadav was the complainant in the case which led to Gill’s and her aides’ arrest.

However, when the police did not act on her complaint against the cricketer, Gill took her case to the magistrate court. On April 3 of this year, the court directed the Santacruz police station to investigate her complaint and submit a report by June 19. Despite this, the magistrate court dismissed Gill's plea for action against the police, prompting her to escalate the matter to the High Court.

In her petition, represented by Advocate Kashil Ali Khan, Gill argued that the police officers, as public servants, were obligated to record information provided for cognizable offences under section 354 (Outraging the Modesty of a Woman) of the Indian Penal Code and take necessary action in acoordance with the guidelines set forth by the Lalita Kumari vs Government of Uttar Pradesh judgment.

“The respondents (police authorities) have been giving a deaf ear to the plight of the petitioner and leaving the petitioner with no other option than approaching this Hon'ble Court,” the plea said.

It was also highlighted that despite persistent efforts the complaints filed by Gill have remained pending for adjudication for nearly one year, resulting in unwarranted delay in dispensation of justice.

Gill further contends to have suffered mental, physical and emotional trauma and continues to experience trauma following the incident of abuse inflicted on her.

Gill seeks disciplinary action against the authorities for not addressing her complaints despite repeated efforts and urges the court to hold accountable the parties responsible for the mishandling of her case.