At a hearing yesterday, the High Court asked for an affidavit detailing the action taken by the police in the two months that have passed since the two youths complained to the DCP (Zone XI) Mahesh Patil and senior inspector Arun Jadhav of Goregaon police station against Jayant Kokate, the cop who lodged the FIR against them.
The bench of justices was hearing a writ petition filed by Ashaque Ansari (19) and Dilsher Khan (20), requesting that the FIR registered against them be set aside, and investigations be undertaken to explain why Kokate lodged the FIR against them.
On August 7, Ansari was riding his uncle’s bike from Malad to Jogeshwari via SV Road. Khan was riding pillion. At around 1 pm, they reached the junction at Filmistan Studios and broke a yellow light. Kokate was on duty, standing behind a tree. According to the petition, he jumped suddenly in front of Ansari’s bike in an attempt to stop it.
Ansari crashed into Kokate and all three fell down. Advocate Amarendra Mishra, representing the two youths, said, “Though Kokate’s senior inspector Ganpat Hande was present, he began mercilessly assaulting both youths.”
Soon a crowd gathered an intervened on behalf of the youths, who were then taken to the local hospital for treatment. The boys and their families then approached the Goregaon police station to register an FIR against Kokate, but were allegedly turned away.
The same night, Kokate lodged a case charging the two boys with attempted murder and for causing grievous hurt to a public servant. Khan immediately surrendered to the police. After his discharge from the hospital, Ansari also surrendered. The Dindoshi Sessions Court later released them on bail.
The FIR lodged by Kokate says that Ansari refused to stop his motorcycle despite being directed to. He deliberately revved his motorcycle and crashed into Kokate, attempting to murder him. When they fell down, Khan and Ansari allegedly got up and began raining blows on Kokate, seriously injuring him.
The division bench of justices AS Oka and SS Jadhav have now sought an explanation from the prosecution about the status of the letter submitted by Ansari on August 29. The court also said that no chargesheet can be filed in the case without the permission of the High Court.
The other side
Kokate said he stood by whatever was stated in the FIR. “He was riding without a helmet and broke a signal while all other vehicles had come to a halt. When I tried to stop him, he ran over my foot and knocked me unconscious. The fall fractured my skull and I had to have surgery. Doctors tell me I am lucky to be alive. I was in hospital for 10 days.”