Mumbai: A sessions court has acquitted BJP MLA Tamil Selvan’s brother, Murugan Selvan, in a case of scuffling with the police and obstructing them from duty during a clash with MNS workers in the run-up to civic body elections in 2017.
Murugan was the BJP candidate from ward 176 (Dharavi Transit Camp). The incident happened on February 15, 2017, in the Sardar Nagar area of the ward.
Murugan's offence
As per the case lodged by an assistant police inspector attached with the Antop Hill police station, BJP party workers began sloganeering and tried to enter the MNS’ election office. The police tried to stop them and a scuffle ensued. In the melee, one policeman fell and another sustained an abrasion to his left cheek. The police were taking some of the workers in their van, when Murugan and others laid down in front of the police van and prevented it from proceeding. Murugan was booked under Indian Penal Code sections 353 (assault or criminal force to deter public servant from discharge of his duty) and 332 (voluntarily causing hurt to public servant) among other offences.
In its judgment, the court said that there is neither a credible account nor circumstantial evidence which establishes the guilt of the accusedbeyond reasonable doubt. It added that the evidence is far away to prove the fact that the accused used criminal force or voluntarily caused hurt. Additional Sessions Judge RN Rokade also said that there is no reliable evidence to show that the accused was part of an unlawful assembly.
The court also pointed out that no independent witnesses were examined. “It is interesting to note that the prosecution witnesses want the court to believe that about 15-20 people gathered at the spot of the incident. The prosecution has not examined any independent witness. No explanation is put forth for the same,” it stated. While the medical documents showing injuries of a policeman were produced, but he was not examined as a witness, the court pointed out.
