"Protectors became perpetrators": Gujarat High Court on police extortion of Ahmedabad couple

The Gujarat High Court Monday voiced concerns about two constables of the Ahmedabad Traffic Police extorting ₹ 60,000 from a couple who were travelling late at night [Suo Motu vs State of Gujarat]. .A division bench of Chief Justice Sunita Agarwal and Justice Aniruddha Mayee said that the protectors of the public became perpetrators of a crime."The people are safe, no doubt. But what if perpetrators are the protectors? In this case, we aren't dealing with criminals. But protectors have become perpetrators. We are worried about this situation. You need to take care of it," the Chief Justice said.The Court made the observation while dealing with a suo motu public interest litigation (PIL) petition case registered over the incident, which was reported last month.The extortion incident before the High Court was reported by the Ahmedabad Mirror recently, following which suo motu cognisance was taken by the Court.The extorted couple was reportedly stopped as part of a night check by the police following the a car crash incident on the Iskcon Flyover.According to the report, the cops took "the terrified couple to an isolated spot and demanded ₹2 lakh to let them off but eventually agreed to settle for ₹60,000."It further said that the cops "not only sat in the cab of the couple but also prevented the woman from breastfeeding her 1-year-old son.".When the case was called out, Senior Advocate Manisha Luvkumar-Shah submitted an action taken report as ordered by the Court on August 29. The report said that the State that the two constables were arrested under provisions of the Prevention of Corruption (PC) Act and provisions of the Indian Penal Code (IPC). The State has also initiated a departmental enquiry against the duo and a temporary employee has been suspended, the report said. .Senior Advocate Shalin Mehta, who is assisting the Court in this matter, said the State must be ordered to make women constables part of the patrolling teams, especially during night so that safety of women is not compromised. "The instant incident is scary. Imagine what might happen with a woman travelling alone or with children," Mehta submitted. To this, the Chief Justice responded, "Indeed. Anything could have had happened. One constable was sitting in the car the other went to the ATM."The State counsel Luvkumar-Shah, however, submitted that women constables are already patrolling in the night hours. All the same, she added that she would cross check and get back with instructions on this aspect in the next hearing. "But then you will also have to ensure safety of your women constables," Chief Justice Agarwal added addressing the State counsel. The bench further pointed out that the festive season is around the corner and that that the State will be under more pressure now to ensure women's safety. Luvkumar-Shah was quick to assure the Court that there was not need to worry in the matter. "Milords, Gujarat is one of the safest place. We have everybody on the streets late night. But of course, what is needed to be done will be done," the State counsel said. .The bench also took into account the "guidelines" issued by the State mandating that police officers must wear uniforms and name plates whenever on-duty, especially in the night hours. The Court urged the State to ensure that these guidelines, which were issued by the Police Commissioner in Ahmedabad, are implemented in all cities in Gujarat."The Director General of Police had said that similar incidents have taken place in some other cities also. You, as a State, must implement these guidelines even in other cities and not just Ahmedabad," the bench ordered. .Meanwhile, Mehta urged the Court to issue directions to the State to pay at least a "token" compensation, if not a "just" compensation to the couple targeted in the extortion incident. The bench said that it would pass an appropriate order on this aspect after a week when Mehta is expected to submit his suggestions for the State to avoid such incidents in future and protect women's safety. The Court also orally suggested that the State should ensure that the helpline numbers are displayed inside public vehicles like taxis and rickshaws so that a commuter can easily see it and use it in emergency situations.