December 6:The Bombay High Court has passed strictures against former TADA court Judge, S N Ranade, for ordering six Thane police officers to pay compensation to 27 accused who were acquitted by him for lack of sufficient evidence in April this year when he headed the Designated Court at Pune.Disposing the petition challenging Ranade's order filed by one of the six police officers, Justice F I Rebello said the order was ``illegal'' and that the judge had ``not applied his mind'' while passing it.Ranade, who currently holds the post of a Assistant Registrar in Bombay High Court, had issued notices to six police officers - the then Thane Police Commissioners, Amarjeet Singh Samra, Additional Commissioner of Police Basavraj Akashi, Deputy Commissioners of Police P T Lohar, Uttamrao Kale and Prabhat Ranjan and Senior Police Inspector M S Surve - to pay compensation to 27 TADA accused for wrongfully charging them under the Arms act, 1959 and under section 250 (1) of the Criminal Procedure Code. The TADAdetenues included former chairperson of Thane Municipal Corporation, Ganesh Sawant and former standing committee chairman, Sudhakar Chavan.
Sawant, Chavan and 25 others were detained under TADA by the Naupada Police Station, Thane, for allegedly assaulting Arun Govind Mudliar, a businessman.Ranade's compensation order was challenged by Deputy Commissioner of Police, Uttamrao Kale in November this year. Citing a 1997 Supreme court judgment, Justice Rebello held that the TADA court had no jurisdiction to pass orders of compensation to the TADA accused. Moreover, he said petitioner (Uttamrao Kale) was only doing an administrative job and had no role whatsoever in the investigations of the case and thus could not be held responsible for any shortcomings in the prosecution case.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.