HC slams Phatak for equating stolen baby with phones,watches

A division bench of Justice Bilal Nazki and Justice A R Joshi was responding to an affidavit filed by Phatak in the baby theft case where no headway has been made since the incident in January.

“No citizen has ever asked for a compensation for stolen ornaments,cell phones or watches lost when he was on the municipal premises,” the affidavit states.

“It is primarily for an individual to protect his babies or property against theft,” Phatak said in his affidavit. He further said that “maintaining a security force is not an obligatory duty of the corporation under the Act. MCGM’s security force does guard municipal hospitals,schools,offices…however,they are not expected to protect private property or belongings of these individuals unless they themselves spot the crime or hear an alarm.”

“The corporation cannot accept responsibility for criminal acts committed by outsiders while they are on the municipal premises,” the affidavit said. “In our view the mother was negligent in not protecting her child.”

Phatak added,“Even in developed world like Canada,US and Norwegian countries,there are instances of baby theft which happen even annually.”

Phatak also allayed his fears that such a compensation policy once declared is very open to misuse. Public Prosecutor Satish Borulkar,however,told the court that the police have got some vital leads for tracing the baby and the kidnapper.

When the court asked about the inquiry by the committee formed by the BMC,counsel for the corporation stated that it might take four weeks.  

The court said that the report raises hope that child may be found. Fact remains that the parents have gone through this turmoil all these months,the court added. The judges then ordered the corporation to pay a compensation of Rs 5 lakh as an interim measure immediately with the Registrar of the court who will provide the interest to the parents. The court has also appointed Senior Counsel R A Dada as amicus curie (friend of court) to assist the case and adjourned the hearing till April 6.

Additional Municipal Commissioner Kishore Gajbhiye who is in charge of health said that he has not seen the order yet and will not be able to say whether the compensation will be paid or not. “But since the HC orders are binding on the BMC,we will have to follow them. We will also examine other options in this case and take opinion from the state health department and other experts in the field before taking any decision,” he said.

Meanwhile,the Nerurkar family is still hoping for a miracle and happy with police investigations. “We are happy that the police have good leads,” said Mohan Nerurkar,father of the missing child.

He added,“My 9-year-old daughter asks about her brother everyday. She was eagerly waiting to play with her brother.”