Police protection if required

A divisional bench of the Bombay High Court in the case pertaining to the alleged assault in Sanjan last year on Russian Zoroastrian Mikhail Chistyakov and Meher Master-Moos has ruled "as and when the petitioners apply for police protection, the concerned authorities should be directed to extend such help to the petitioners on terms and conditions as may be permissible by law.”

Justices A. M. Khanwilkar and Mridula Bhatkar observed in their order dated May 2, 2011 that the assistant public prosecutor M. H. Mhatre had noted that "there is nothing in the record to indicate that the petitioners have approached any authority with such request. She further submits that if the petitioners were to make such representation to appropriate authority, the same will be considered on its own merits in accordance with law expeditiously.”

Advocate Bapoo Malcolm appearing for the petitioners asked that the inquiry into the alleged assault at Sanjan be investigated by the Central Bureau of Investigation (CBI) instead of the Criminal Investigation Department as the position of the state police had been "compromised.”

Mikhail Chistyakov (left) and Meher Master-Moos

Recording his complaint the judges ruled "accordingly, issue notice to the respondents… to the question of whether complaints made by the petitioners should be inquired and/or investigated into by the independent agency such as CBI. Notice returnable on June 27, 2011.”

On February 19, 2010 a group of around 40 to 50 people led by the Bombay Parsi Punchayet (BPP) allegedly stormed into the Zoroastrian College premises in Sanjan and assaulted Chistyakov and Master-Moos. Neither the lawyers for the BPP nor the trustees of the BPP were present at the hearing causing Malcolm to remark that "further evidence” that had been collected was the reason "I am standing here alone.” The BPP alleges they were unaware of the date and hence were not present.

The next date for hearing is June 27, 2011. Malcolm was assisted by advocate Vishnu Hadade and Viraf Katrak.