Lawyers demand stricter provisions in FIR against Ghatkopar man who threw Ola driver to ground, causing severe head injuries to taxi driver

Senior criminal lawyer Rizwan Merchant has suggested filing a case of attempt to murder against Ghatkopar resident Rishabh Bibhash Chakravorthy, who was seen lifting Ola cab driver Kaimuddin Moinuddhin Quereshi and throwing him to the ground, causing severe head injuries. The Vikhroli Parksite police, who are handling the case, have not made any arrests in the case.

Free Press Journal was the first to report the incident that occurred in front of Wadhwa The Address on LBS Marg in Ghatkopar West on August 18. Police have filed a complaint against Ghatkopar residents Rishabh Bibhash Chakravorthy and his wife Antara Ghosh for allegedly assaulting the Ola driver, identified as Kaimuddin Moinuddhin Qureshi, a resident of Govandi. CCTV footage that went viral on social media shows Chakravorthy lifting the driver and pushing him to the ground. Qureshi sustained severe injuries on the back of his head and minor fractures on his hands and legs. After spending nearly seven days in the ICU of JJ Hospital, Qureshi was discharged on Thursday morning.

The incident began when Chakravorthy’s Audi brushed against Qureshi’s Ola car near Asalpha metro station in Ghatkopar. During the verbal altercation that ensued, Chakravorthy’s alleged mother snatched the GPS from the Ola car. While trying to retrieve it, Qureshi followed the Audi and unfortunately collided with his car, leading to the attack.

The police have added charges under sections 115 (intentional causing hurt), 117 (intentional causing grievous hurt), 351(2) (criminal intimidation) and 352 (intentional insult with intent to provoke breach of peace) of the Bharatiya Nyaya Sanhita (BNS) to the FIR. No arrests have been made in the case as all the above sections are punishable with less than seven years’ imprisonment, which does not require arrests. Instead, the police issued summons to the couple under section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, which recently replaced the Code of Criminal Procedure (CrPC).

Speaking to FPJ, senior advocate Rizwan Merchant said: “Unfortunately, the police are known to file charges incorrectly in certain cases, either because they want to dilute the charge or because they do not understand the intricacies of the offence committed.” He continued: “In this case, when the driver was lifted up and thrown headfirst to the ground, the offender should be charged with either intent to cause grievous bodily harm or knowledge that such injury was likely to cause bodily harm. The vital part of the body where the injury was caused is the head. Everyone should know that lifting a person up and throwing him headfirst is likely to cause injury which may result in death. Consequently, the charge in this case should have been Section 109 (attempted murder) and nothing less.”

Another senior advocate, Sachin Dhakephalkar, believes that an intent to murder is required for the FIR to contain a charge of attempt to murder. He added, “In this case, Section 105 (intentional killing not amounting to murder) could be applied, if not Section 109. Either way, the existing sections do not do justice to the case.”

Another senior lawyer/activist, who wished to remain anonymous, stated that the police must investigate the accused’s side to be fair. “If the driver followed the Audi and collided with it, he is also at fault, although this does not justify the attack. However, the driver could have reported the matter to the police instead of mindlessly following the Audi and making matters worse.”

Lawyer Godfrey Pimenta said: “This is a very serious matter and must be dealt with decisively. The perpetrators are no longer afraid. The police must press serious charges of attempted murder.”

On Friday, the Parksite police said they would interrogate the two accused named in the FIR and that their statements would be recorded and added to the chargesheet.