Mumbai: The Bombay High Court on Tuesday asked the Maharashtra government to clarify whether it intends to proceed against civic officials named in FIRs related to the cases registered by the Economic Offences Wing (EOW) in relation to the alleged irregularities in purchase of certain items during the COVID-19 pandemic.
The EOW had filed four FIRs — purchase of oxygen cylinders, procurement of Remdesivir injections, body bags, and khichdi distribution during the Covid-19 pandemic.
Earlier this month, the BMC Commissioner refused to grant prosecution sanction against officials named in the alleged oxygen cylinder procurement scam. The Economic Offences Wing (EOW) had sought permission to prosecute certain civic officers, but the commissioner rejected the request citing lack of evidence.
A bench of Justices Sarang Kotwal and S.M. Modak, hearing a petition filed by the Municipal Engineers Association and the Municipal Mazdoor Union, questioned the state about its next steps given the denial of sanction in one FIR. The petitioners sought quashing of the FIRs against them, arguing that the refusal of sanction legally bars prosecution. They also claimed they acted in good faith under extreme pressure during the pandemic.
The court noted that without sanction, police cannot proceed with prosecution. Senior advocate Anil Anturkar, representing the petitioners, asked whether the case could now be quashed or if the officials must wait until the investigation concludes. “Whether that protective umbrella can be opened by the municipal commissioner, or whether we have to wait for police investigation to be completed?” he asked.
Anturkar highlighted that while there are four separate FIRs, the commissioner has only refused sanction in one case so far—relating to the purchase of oxygen cylinders.
Advocate Joel Carlos, appearing for BMC, clarified that the FIRs were based on complaints filed by the civic body itself, and sanction had only been sought in one case.
Additional Public Prosecutor Mankunwar Deshmukh confirmed that no prosecution sanction has been granted yet and sought time to seek instructions from the authorities.
The court observed that since sanction was refused in one case, police might consider dropping the other cases too. “Sanction is refused in one matter, they (police) may drop other cases also,” the bench noted.
Interim relief granted to the petitioners was extended. The HC has directed the police to clarify their stance on prosecution by June 15.
The initial complaint was filed by Prinam Namdev Parab and registered at Nagpada police station before being transferred to the EOW. While the FIR names no specific officials, a chargesheet has been filed against private parties. The EOW had sought to add BMC officials as accused.
