Mumbai: The Bombay High Court on Monday directed
the state government to file an affidavit explaining its
motive behind issuing a circular asking police officials not
to record instructions coming from politicians within two
A division bench of Justices B H Marlapalle and R V More
also issued a notice to the Director General of Police and
sought his reply too.
In a petition filed by former journalist Ketan Tirodkar,
the court questioned the government`s motive behind issuing
the circular dated November 11, 2010. "If the government is
trying to curtail the powers of the police, then we will not
allow it," Justice Marlapalle remarked.
The circular stated that apart from what is mandatory
under the Police Manual, the police must not record in their
station diary any instructions coming from the Members of the
Tirodkar, in his petition, has stated that the circular
The court today cited a hypothetical example where an
influential politician may call a police officer and ask him
not to act on a complaint or make any arrests. "If the officer
is honest he will want to record the instructions coming from
a minister or MLA. What is wrong in that? Why should the
police be stopped from recording it?" Justice Marlapalle
The court also observed that the circular was "vague" and
could be interpreted in different ways.