The police case against the 22 custom officials arrested for “obscene behaviour” after a raid on a Khandala bungalow rests on whether it can prove that the venue for the hedonistic party was a ‘public place’.
The charges slapped on the custom officials include Sections 33, 110 and 112 of the Bombay Police Act and Section 294 of the Indian Penal Code. These sections empower the police to take action against indecent and obscene behaviour in a public place, which is defined as place where the public has unrestricted access.
A private bungalow like the one the custom officials chose to host their revelry does not fit the definition of a ‘public place’, say lawyers. However, according to police sources, the bungalow was being rented out illegally for weekend parties. “A resort or a hotel is covered under the definition of a public place,” said advocate Uday Warunjikar.
Labelling the police raid as a publicity stunt, senior lawyer Adhik Shirodkar said that a person cannot be booked for obscenity for what he/she does in a private space. “If the police is so adamant about upholding moral values then why did they not register a case of obscenity when skimpily-clad belly dancers performed at the National Congress Party’s function on Janmashtami?”
Other lawyers said that the police had deliberately booked the accused under weak sections which are bailable. All the officers were released on a bail of Rs 5,000 on the same day. Pointing out that cash amounting to a lakh was recovered from the venue, advocate Raju Subramaniam asked why the officers had not been booked under the
Prevention of Corruption Act. “If the police are serious about the case then they should investigate how the customs officers came to possess so much cash and investigate if they have assets disproportionate to their incomes,” he added.
Advocate Vibhav Krishna maintained that the police have the power to raid a premise on an apprehension that something objectionable maybe underway. “Locations in Pune, Lonavala and Goa have been raided for rave parties,” Krishna said. He, however, cautioned that the police to must respect a citizen’s right to privacy.
Police sources also revealed that most of the custom officers arrested held valid licenses for alcohol consumption.
