Mumbai News: Special MP And MLA Court Acquits 2 BJP Leaders Including Ex-MP Gopal Shetty In 2004 Police Assault Case

Mumbai: The special MP and MLA court has acquitted BJP leaders Gopal Shetty, an ex-MP, and Ganesh Khankar in a 2004 case where they were accused of assaulting and abusing police officials following the arrest of another BJP leader.

Court Finds Prosecution Evidence Weak and Contradictory

Special judge Satyanarayan R Navander said, “The evidence on record failed to establish the essential ingredients beyond reasonable doubt. The only witness, who partly supported the prosecution case, was the complainant (a constable). Even his testimony was contradictory, vague and substantially weak during cross-examination.”

No Independent Witnesses, FIR Testimonies Not Corroborated

The judge continued, “No independent or neutral witnesses were examined and no other officer supported the allegations despite being named in the FIR. The investigating officer (IO) himself did not corroborate the allegations made in the FIR.” Hence, a serious doubt arises regarding the prosecution’s case, the judge observed.

Assault Allegedly Occurred During Protest Against Netaji Shinde’s Arrest

As per the case, in the midnight of September 9, 2004, officers from the Kasturba Marg police station had initiated proceedings against BJP leader Netaji Shinde under the Maharashtra Prevention of Dangerous Activities Act, 1981. To protest the move, Shetty and Khankar arrived at the police station at around 1am.

Constable Who Filed FIR Later Turned Hostile in Court

The complainant, constable Udesh Mohite, said on the instructions of his senior officers, he restrained the duo and the protestors accompanying them. However, Shetty and Khankar pushed Mohite and stormed into the police station, said the FIR.

Mohite had further alleged that they also abused him and threatened to make his “life miserable in the next few months”. Subsequently, they were booked for not only preventing the police officials from doing their duty but also threatening them with dire consequences. The case against them was lodged on September 10, 2004.

Investigating Officer Also Turned Hostile, Court Cites Lack of Evidence

The court noted that during the trial, Mohite turned hostile and denied having lodged any complaint. It further pointed out that the second witness, the IO, also turned hostile. Hence, there is no evidence against the leaders, said the court, while acquitting them.