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OSA Slapped on Mumbai Law Student for Videographing Police Station

Mukesh Singh was caught during a nakabandi for not wearing a mask. He was then arrested briefly by the police.

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India
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A second year-LLB student in Mumbai, has been booked for “spying” under the Official Secrets Act (OSA) for videographing the police station, reported The Indian Express (IE).

According to Hindustan Times (HT), 31-year-old Mukesh Singh was caught during a nakabandi for not wearing a mask. He was then arrested by the police, and briefly after released.

According to IE, Constable Shantaram Khade is a complainant in the case. Khade in his statement reportedly said that a blockage had been put up at Mumbai’s Wadala bridge to check traffic violators and those driving without a mask. On 17 September, Singh was riding a motorcycle with a friend as pillion when he was stopped at the nakabandi for not wearing a mask.

The police also reportedly said that Singh was found driving without a licence.

The police has alleged that Singh tried to capture on video the station house and the police personnel on his mobile phone. He was then slapped with OSA.

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MORE DETAILS

According to IE, Senior Inspector Shahaji Shinde of Wadala informed that Singh’s mobile phone was also seized for probe. However, Shinde informed that only Singh had been booked for spying and not his pillion rider.

Further Shinde said that the police don’t know why Singh was video recording, according to IE.

Singh, according to IE, had been booked under Sections 188 (disobedience to order duly promulgated by public servant), 269 (negligent act likely to spread infection of disease dangerous to life) and 270 (malignant act likely to spread infection of disease dangerous to life) of the Indian Penal Code, Section 3 (penalties for spying) of the Official Secrets Act, 1923, and Sections 3 and 181 of the Motor Vehicle Act.

With regard to his release, Shinde told IE:

“We have verified his residential address and are certain that he will not escape. So, for now, we have served him notice and let him go.”     

WHAT IS THE ACCUSED SAYING?

Mukesh Singh is a resident of Bhimwadi area in Wadala (East). He is also a second year LLB-student.

Singh informed IE that he is yet to get a report of the FIR.

“I have filed an application at the police station requesting them to hand over a copy of the FIR to me. Once I get that I will be in a position to comment.”   
Mukesh Singh to IE   

BUT, WAIT

According to HT, ex IPS officer and advocate YP Singh has said that making a video in a police station is not a crime as the police station is a public place.

“If the police have registered a case under the Offical Secrets Act against someone for videographing the police station or police procedures then it’s a misuse of the law. That person can file a case against the police. Concerned policemen can be prosecuted for filing a false case. The person can file a case against the police under section 211 of the Indian Penal Code and can even demand civil compensation.”   
Ex IPS YP Singh, according to HT   

(With inputs from The Indian Express and Hindustan Times)

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