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Mumbai: Police watchdog bins assault plaint against senior cop by RTI applicant

The SPCA binned Kailash Govind Avhad's complaint that former Thane DCP (Traffic) Sandeep Palve hit him during an appeal hearing, yet no case was registered against him.

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Kailash Govind Avhad, complainant
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A panel that hears citizens' grievances about the police has dismissed an RTI applicant's plaint against a deputy police commissioner who had assaulted him.

The State Police Complaints Authority (SPCA) binned Kailash Govind Avhad's complaint that former Thane DCP (Traffic) Sandeep Palve hit him during an appeal hearing, yet no case was registered against him.

The appeal was dismissed on the grounds that Avhad's medical report was not definitive and that he was interested in "publicity".

DNA had reported the case on January 28, 2018, when former state information commissioner Thanksy Thekkekara had ordered an enquiry into the assault. She had directed the Thane police commissioner and the home department that the DCP be stripped of his first appellate authority functions till the time enquiry was complete.

Avhad had sought details of the doctorate degree of a DCP before Palve. When he did not get the information, he filed his first appeal before Palve. Avhad alleged that Palve got angry on hearing the information sought and repeatedly hit him during the first appeal hearing on 23 February, 2017.

But Avhad alleged that no enquiry was conducted till he filed an RTI plea asking about it. When the enquiry started, he alleged, it was closed without him being called formally for it.

So he filed a complaint with the SPCA in February 2018, asking why no FIR had been filed in the assault case and seeking action.

But the authority said that Avhad had not provided any valid medical records to prove he suffered 30% hearing loss in his left ear due to the alleged assault. It stated that the report Avhad gave from VS Government General Hospital, Thane after the assault was from an audiometry technician and not by a specialist.


{Activist Kailash Avhad (2nd from L)}

It further stated that instead of 'consulting an ENT surgeon' immediately, he was going around sending complaints to various authorities including media houses, as he was 'interested in giving publicity to the news'.

But Avhad said he did go to the doctor. As for the medical report, he said he had asked his doctor, at a government facility, to state the case in writing, "but they just wrote 'assault'."

Shailesh Gandhi, former central information commissioner, who appeared for Avhad in the hearing, said, "The SPCA has completely abdicated its responsibility. What they have concluded now, they could have said in the very first hearing. There was no point taking over nine hearings when there was no medical proof. They should either say this man is lying or have directed an FIR. This is torture."

Bhaskar Prabhu, another activist, said, "It was said during the hearing that the medical report would be sent to JJ Hospital for remarks. But instead, the order talks about him seeking publicity. The SPCA did not conduct any probe of its own."

When contacted, Palve said, "I have to see the SPCA order before commenting on it."

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