Bombay High Court upholds order externing man from Pune for molesting woman twice

The Bombay high court on Wednesday denied relief to a 45-year-old man from Pune who has been externed from the district for two years by the local police for having two cases of molestation registered against him.

A division bench of justices VM Kanade and Anuja Prabhudessai said "There are two cases of molestation, if in one case the victim is a relative does it mean that you can molest her in public. There is no improvement in your behaviour. It is a preventive action, so that you don't do this again."

However, since the accused, Ibrahim Irani, pleaded before the court that his wife was suffering from a brain tumour and requires a surgery, the court allowed Irani to visit his wife till November 14 and schedule a date for her surgery. Thereafter he could make an application to the authorities to allow him entry on the day of the surgery.

Irani was issued a showcause notice on January 13, under section 59 of the Bombay Police Act. The assistant commissioner of police (Vishrantwadi division), relied on two cases of molestation registered against him — one in 2005 and another in 2013 -- as ground to extern him from Pune district. Irani filed a reply, and based on it the ACP, issued an order on February 4. This order was challenged before the appellant authority, which confirmed the ACP's order.

Thus Irani moved the HC stating that the authority had wrongly considered two cases of molestation, as in the 2005 case, he had been acquitted by a magistrate. Thus, there was only one case of alleged molestation against him. The bench though said the authorities had passed a correct order.