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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.

Government Officers Accused of Abuse of Power for Unauthorized Stay; Forum Questions Accountability and Punishment. A forum participant raised concerns about a Gujarat High Court case where petitioners were allegedly humiliated by government officers. The court noted that male officers, including a CRPF officer, stayed at the petitioner's residence without authority, despite having already seized items. This was deemed an abuse of power. The participant questioned the potential punishment for the officers, expressing skepticism about the effectiveness of internal inquiries. In response, another member acknowledged the concern but emphasized that the matter is for the judiciary and government to resolve, indicating that forum members cannot intervene. (AI Summary)
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