BOMAN CHOTHIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) According to the description of himself which the petitioner, Boman Chothia, gave me at the first hearing of this revision application when he appeared in person, the petitioner is an expert on the Motor Vehicles Act, 1939, and one of the fortunate few who win consistently out of the thousands who flock weekly in search of fortune to the Mahalaxmi racecourse. He has filed this application in revision against an order of the Presidency Magistrate, 17th Court, Mazgaon, Bombay, refusing him inspection of the papers and proceedings in four criminal cases pending against him in that Court on the ground that the petitioner was not represented by an advocate. These four prosecutions were commenced against the petitioner at the instance of the Traffic Department of the Bombay City Police as a result of the petitioner's attempt to vindicate his expertise of the Motor Vehicles Act and the traffic regulations. At present it is somewhat premature to venture any prediction on the question how far this attempt of his will ultimately be successful, but from the course this litigation has so far taken it appears that the odds are in his favour.

(2.) THE facts which have given rise to these prosecutions may now be narrated. The petitioner used to frequent regularly the Mahalaxmi race course and used to go into the First Class Enclosure. There are seven gates to the race course enclosures. According to the petitioner, the Traffic Police on race days permitted cars to come out of the race course compound only from gates Nos. 3, 5 and 7; cars of those who had attended the race meeting in the Member's Enclosure being allowed to come out of gate No. 3, of those who had attended the First Class Enclosure out of gate No. 5 which is opposite the First Class Enclosure and taxi -cabs and buses out of gate No. 7. The grievance of the petitioner is that while cars coming out of gate No. 3 and taxis and buses coming out of gate No. 7 are allowed to turn either south to proceed towards the Haji Ali corner or north towards the Mahalaxmi railway station, cars coming out of gate No. 5 are directed to turn north. The petitioner is the owner of a Moris Minor car bearing No. MRZ 6530. Since he used to go to the First Class Enclosure, the petitioner's car also had compulsorily to take a turn to the north. The petitioner objected to this on the ground of discrimination made by the Traffic Department between members of the Royal Western India Turf Club Ltd. and their guests on the one hand and non -members on the other. At the first hearing before me when he appeared in person the petitioner also made a grievance that it was unfair in these days of high cost of petrol to compel non -members who wanted to proceed south to make a long detour for that purpose. The petitioner accordingly wrote several letters to the Deputy Commissioner of Police in charge of the Traffic Department, It appears that he did not receive any reply to his satisfaction. Accordingly on December 29, 1968 he decided to put the matter to a cost. After the races were over, he informed Inspector Farooqui who was present that he intended to proceed south. He then got into his ear and as he came out of gate No. 5 ho turned south. He was stopped by Sub -Inspector Mirjankar who asked him to turn north. He refused and continued towards south. His car thereupon was stopped. Upon this, according to the prosecution, he called Sub -Inspector Mirjankar an idiot. He was arrested, taken to the Agripada Police Station and released on bail.

(3.) IN June 1969 the petitioner filed in this High Court a writ petition under Articles 220 and 228 of the Constitution, namely Criminal Application No. 590 of 1969, in which he prayed for a writ of mandamus directing the State of Maharashtra, the Commissioner of Police and Sub -Inspector Mirjankar to forbear from prohibiting cars coming out of gate No. 5 to turn to their right in order to proceed southward and further to forbear from prosecuting persons like the petitioner who took a turn to the right from gate No. 5. He also prayed for withdrawal of the four prosecutions by the High Court to itself for disposal by it. An affidavit in reply was filed by Sub -Inspector Mirjankar which was affirmed on July 28, 1969 in which it was stated that cars coming out of all gates were allowed normally to proceed along Clark Road either towards Haji Ali by taking a turn to the right, that is, towards south, or towards the Mahalaxmi Bridge by taking a turn to the left, that is, towards north, but this was always not possible and if there was heavy traffic proceeding towards the Mahalaxmi Bridge side, the policemen at the gates stopped for some time the cars which desired to take a turn towards the right in order to go to Haji Ali junction because such right turn would cut through the flow of north bound traffic.