The Bombay High Court on Tuesday directed the Pune Police Commissioner to initiate stringent action against Station House Officer (SHO) Shashikant Chavan of Khadak Police Station for refusing to file a First Information Report (FIR) after two Muslim brothers alleged they were assaulted due to their religious identity, according to Live Law.
The case stems from an incident in April in Pune’s Bhawani Peth area, where brothers Karan and Harsh Keswani, while riding a two-wheeler, were involved in an altercation with Shoaib Umar Sayyad. The Keswani brothers claimed the dispute began after Sayyad objected to Harsh honking his horn. They alleged that Sayyad and his brother subsequently assaulted Harsh, causing serious injuries, Pune Mirror reported.
However, Sayyad presented a contrasting version. He claimed that it was in fact he and his brother who were brutally attacked by the Keswani family, and that they were targeted due to their religious background. When Sayyad approached the Khadak Police Station to file a complaint, SHO Chavan allegedly refused to register an FIR, citing that a case of attempted murder had already been filed against Sayyad and his brother by the Keswani family.
During Tuesday’s hearing, a division bench of Justices Ravindra Ghuge and Gautam Ankhad criticised the officer’s conduct, noting that despite a previous court order, he had submitted an affidavit stating he would not file an FIR on Sayyad’s complaint. “Why is the officer taking sides?” Justice Ghuge asked. “He is not supposed to take sides. If he does not know the law in cases where the second or opposite party comes to lodge FIR, then his senior will have to take some action against him.”
The court observed that even a cursory review of the complaint and accompanying photographs indicated that Sayyad and his brother had sustained serious injuries. The bench ordered that an FIR be filed within 48 hours based on Sayyad’s complaint.
Additionally, the court instructed the Pune Police Commissioner to issue a show cause notice to SHO Shashikant Chavan and seek a written explanation for his refusal to act. If his explanation is found to be unsatisfactory, disciplinary proceedings must be initiated, the court said, according to Live Law.