Mumbai: The Bombay High Court on Wednesday stayed the investigation into a case arising from a scuffle inside the Maharashtra Assembly premises involving supporters of BJP MLA Gopichand Padalkar and the Sharad Pawar-led NCP faction, involving former state cabinet minister Jitendra Awhad.
Interim Protection for NCP Member
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, on October 1, restrained the Investigating Officer from proceeding further with the probe into the July 18 FIR registered at Marine Drive police station. The interim protection will continue until the petition is decided.
Petition Filed Against Alleged Political Targeting
The court was hearing a plea filed by Nitin Hindurao Deshmukh, a member of the Pawar faction of the NCP. Deshmukh had been arrested in the case but was released on bail by a magistrate on July 21.
His advocate, Rahul Arote, argued that the case was “baseless and politically motivated,” and sought quashing of the FIR. The plea alleged that the FIR was lodged with mala fide intent, as the only claim was that Deshmukh had engaged in a quarrel and allegedly manhandled policemen who tried to intervene.
Legal Arguments on Applicability of Charges
The petition stressed that there was no allegation of assault or obstruction that could attract Section 132 of the Bharatiya Nyaya Sanhita (BNS), which penalises assault on public servants.
It also questioned the applicability of charges relating to unlawful assembly, affray, and use of criminal force, noting the absence of evidence of a common object or violent clash. “At most, there was commotion and verbal altercation during the protest,” the plea stated.
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Next Hearing Scheduled
Deshmukh further highlighted that he had entered the high-security Vidhan Bhavan with a valid entry pass, undermining claims of unlawful intent. The HC listed the matter for further hearing on November 12.
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