New Delhi: The Nagpur Bench of Bombay High Court has made an observation regarding shooting videos inside a police station. The bench observed that police station is not a prohibited place which falls under the Official Secrets Act.
Bombay High Court made this observation
The division bench comprising Justice Manish Pitale and Justice Valmiki Menezes made the observation in July earlier this year. The bench quashed a case lodged against Ravindra Upadhyay who was being booked under Official Secrets Act. They referred to the section 3 and section 2(8) of the OSA pertaining to spying at places. He was recoding a video inside a police station in march 2018.
Does not fall under ‘prohibited place’
“The definition of ‘prohibited place’ as defined in section 2(8) of the Official Secrets Act is relevant. It is an exhaustive definition, which does not specifically include police station as one of the places or establishments, which could be included in the definition ‘prohibited place’,” the court said in its order.
This Court believes that none of the elements of the claimed offence are made out against the applicant in light of the aforementioned requirements, it continued.
Judge dismissed the FIR against him
Upadhyay had gone to the Wardha police station with his wife to lodge a complaint regarding a disagreement he had with his neighbors.
Upadhyay began filming a video on his phone as a conversation was going on in the police station and a cross-complaint was being filed against him as well. However, after realizing this, the police reported the incident and Upadhyay was charged in the case. The judge, however, dismissed the FIR and proceedings against him.