Mumbai Republic Day Rally Case: Bombay HC Orders Release of 31 High-End Cars, Deems Police Action Unlawful

While the police deemed the car rally on Republic Day a violation of the rule and seized the 41 cars, the lawyer representing the car owners labelled it as a mere  "ego trip" for the cops. Meanwhile, the Bombay High Court has directed the Bandra Kurla Complex (BKC) police to release 31 high-end cars confiscated on the morning of January 26. The basis for the seizure was the alleged violation of prohibitory orders restricting gatherings to no more than five persons.

Aabad Ponda, contested the action, calling it an abuse of power. Pointing out the inconsistencies in the notices, he said, "The initial notices accused the owners of inadequate documentation, but later the police connected the action to unauthorized modifications made to the cars." Ponda argued in court that the police registered a First Information Report (FIR) only after a verbal altercation with a car owner. The petition was filed by Mohit Jugani and 30 others to cancel the FIR, claiming the action was unlawful.

To address the issue with the police, LokmatTimes visited the BKC police station and inquired about the matter. To which the police denied and tried to avoid the media. They kept LokmatTimes reporters waiting for hours and suggested speaking to senior officials. Upon attempting to enter the higher authorities' office, access was denied, and I was directed to contact the Public Relations Officer (PRO). The PRO, in turn, advised reaching out to the specific police station where the incident took place. This incident distinctly indicates an attempt to dodge the media, with attempts to conceal the matter and provide ambiguous responses to the press.

The court questioned the lack of prior notices to car owners and the timing of the FIR. While the government defended the action, citing security concerns and illegal assembly, the bench comprising Justices Anuja Prabhudessai and NR Borkar found the police action lacked sufficient legal basis and hence ordered the release of 31 seized cars. Further, Ponda added, "the FIR against the owners would be quashed within three weeks." The court also noted that the rally was publicized on social media and a ticketing platform, indicating pre-planning and the absence of immediate security concerns.