Mumbai: Bombay HC nixes FIR filed against man for clicking pic of written complaint

Zeeshan Siddique and Advocate Anees Shaikh

The Bombay High Court has quashed an FIR lodged against a 33-year-old man Zeeshan Siddique under Section 3 (spying) of the Official Secrets Act for allegedly taking photographs of a written complaint filed against him at the Mira Road police station in April 2022. A division bench of Justice Revati Mohite-Dere and Justice R N Laddha in their order stated that police stations are supposed to be places where people can walk in freely to lodge their complaints and FIRs to redress the injustice done to them.

"Taking photos and videos certainly does not come under the ambit of the Official Secrets Act," the order stated. In the order, the court stated that invocation of Section 3 of the Act can have drastic consequences on the person against whom it is invoked, impacting their reputation and career. "It cannot be lightly invoked, to jeopardise someone's life and career. The law cannot be misused or abused and must not be used as a tool for harassing or tormenting a person," the order read.

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Siddique, a furniture businessman, was booked by API Vijay Chavan of Mira Road police station on April 20, 2022, when the former was called to the police station for an inquiry vis-a-vis the complaint. Siddique had sought a copy of the application filed against him. When the copy was given to him to read, he asked for a photocopy or permission to take a photo. Chavan allegedly allowed him to take a picture.

But then, another officer checked Siddique's mobile phone and on finding the photo of the complaint, had him booked under the Act. A couple of days later, the charge sheet was filed. The petitioner's advocate, Anees Shaikh, told mid-day, "Siddique had filed a case against Irfan Burhan Shaikh and his mother Farida Banu at the Mira Road police station on November 22, 2021, alleging that he had rented property from the duo to open a furniture showroom but only some part of the property was legal. He had spent lakhs on the showroom, but the civic corporation demolished it."

The police booked the accused by registering a case under relevant sections of the Indian Penal Code. On April 18 Siddique received a call from Constable Sanjay Utekar of the police station, asking him to come there. When he arrived, Siddique found Irfan Shaikh, the accused, sitting in the cabin of Chavan. Seeing Siddique, Irfan Shaikh started abusing him and forced him to settle the matter, threatening to register an FIR against him.

According to advocate Shaikh, Siddique was called to the police station again two days later and when he asked for a photocopy of the complaint letter, Chavan told him to take photos. But, later a constable started abusing him upon learning that he had taken pictures. Siddique was then forced to sign some blank documents, according to his lawyer. "We filed a writ petition in the Bombay High Court to quash the FIR and finally, the court considered the same and the truth come out," advocate Shaikh said.

The court had ordered the state to pay Rs 25,000 to Siddique and quash the FIR. The bench further stated that the amount should be recovered from the salary of the officer who had lodged the FIR and paid within four weeks of uploading the order. Siddique said, "I had tears in my eyes after hearing the order. I thanked the court with folded hands."