Daijiworld Media Network - Mumbai
Mumbai, Nov 25: In a major relief to a group of elderly citizens, the Bombay High Court on Monday stayed further proceedings in an FIR registered against five senior citizens—aged between 75 and 82—who were booked for gambling during a November 6 raid at a residential premises in Bandra.
Harpal Chhabra (81) and four others, all women, approached the High Court seeking quashing of the FIR filed by Bandra Police under Sections 4 and 12(a) of the Maharashtra Prevention of Gambling Act, 1887. Their advocate, Wesley Menezes, argued that the FIR reflected a complete lack of application of mind and was based solely on a raid conducted on the basis of an alleged confidential tip.
According to the police report, the group was found playing a three-card game and exchanging money using coloured plastic tokens—red, blue, white, and green. A woman police officer was part of the raiding team.
The petition alleged that the detained seniors—one man and five women—were held from 4:30 pm to 8:30 pm without access to water or medicines. They were reportedly made to sign multiple documents, and the lone male detainee was shown as “arrested”.
The police later issued a notice under Sections 43(5) and 48 of the Bharatiya Nagarik Nyay Sanhita (BNSS). Section 43(5) prohibits arrest of women after sunset except under exceptional circumstances, while Section 48 mandates that officers inform relevant persons about an arrest and the rights of the accused.
During the hearing, the bench of Chief Justice Shre Chandrashekhar and Justice Gautam Ankhad questioned the State on the need for such stringent action against senior citizens. “Why do you pursue such matters? How is this gambling?” the Chief Justice asked, expressing clear displeasure.
The petitioners also pointed out that the FIR lacked an independent complainant, had no public witnesses, and was not backed by any documentary or objective evidence to prove that gambling was taking place.
Taking note of the circumstances, the High Court stayed further proceedings in the FIR, observing that the prosecution case rested entirely on the account of the raiding police party and lacked a solid evidentiary basis. The matter has been posted for further hearing on January 5, 2026.