A division bench of Justice Abhay Oka and Justice Sadhana Jadhav on October 25, 2012 heard a petition by K V J Rao (50) and Mayank Sharma (30), officer bearers of Air India Cabin Crew Association. The Cyber Cell, Bandra Kurla Complex had booked the duo for posting "lasvicious and defamatory material'' on social networking sites Facebook and Orkut. Rao and Sharma have contested the charges.
On May 11, 2012 the cyber police picked Rao and Sharma on a complaint by an ex-union office bearer Sagar Karnik. According to Karnik's complaint, they had posted blogs criticising politicians, the PMOs office and the Supreme Court and insulted the national flag. They were released on bail by the sessions court on May 22, 2012 observing that the police to get their first remand had invoked a non-bailable section even thought all the charges were bailable.
Their petition in HC said the investigating officer Sunil Goshalkar who visited their residence at 1.30 am insisted they carry their passports and identity card along. Further, that neither the police nor the court can impound the passport under the Passports Act and even the Supreme Court has upheld the same.
Their advocate Ashok Shetty argued that their passports could not have been illegally impounded by the police. He pointed out that since five months his clients are unable to carry out their flying duties as cabin crew. "One (Rao) has put in nearly 25 years of service with the company,'' said Shetty. The judges questioned why the passports were impounded.
Additional public prosecutor Purnima Kantharia said the passports were found in their pockets when they were arrested. She said they must go before magistrate to get it back. The judges said this would not be necessary that there is no order by any court directing the passport to be impounded. "There is no order by anybody (court). Ask your officer when he'll return the passports,'' said Justice Oka. Kantharia submitted that Goshalkar shall return the passports and identity cards the following day. The court recorded her statement and disposed of the petition.
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