Abuse of Power

[Shyam Naik]

Dear Members,

I went through the case reported vide citation "2019 (10) TMI 1184 - GUJARAT HIGH COURT". It is very disturbing to see the humiliation suffered by the petitioners at the hands of the officers. Few lines of the judgment are :

"It is shocking to see that in a premises where there are three ladies, namely, the petitioner’s mother, wife and young daughter, male officers together with a CRPF Officer have stayed throughout day and night despite the fact that the goods, articles and things were already seized on 11.10.2019. The entire exercise carried out by the concerned officers from 12.10.2019 to 18.10.2019 was totally without any authority of law and in flagrant disregard of the provisions of the Act and the rules and in total abuse of the powers vested in them under the Act."

What should be the punishment to the erring officers?

An internal inquiry would be conducted, which would be merely eyewash and the matter would be put in cold storage. Would not be surprised if the male officers are shown as female officers in the inquiry.

[KASTURI SETHI]

Sh.Shyam Naik Ji,

I appreciate your concern for the injustice/harassment done to the petitioners by the Govt. officers. Nobody is above law whosoever may be.

At the same time I would like to say it is not our jurisdiction. It is between judiciary and Govt.. Now Govt. is to comply with the order/directions of Hon'ble High Court. We are nobody to intervene.

AI Summary

Abuse of power breaches procedural safeguards and dignity, requiring administrative accountability following judicial directives.
Allegations concern officers who remained at a private residence after seizure and conducted extended presence and actions in the presence of female family members without lawful authority, characterised as abuse of powers and violation of procedural safeguards and privacy. The post questions disciplinary responses and doubts the effectiveness of internal inquiry, while the reply emphasises that enforcement and accountability arise through compliance with judicial directions by the executive, not forum intervention.