In a relief to Aam Aadmi Party's Maharashtra president Preeti Sharma Menon and another party worker, the Bombay high court on Wednesday stayed investigation against them for four weeks in an FIR registered under the atrocities act.
A bench of Justices Sunil Shukre and Milind Sathaye granted interim relief to Menon and party worker Manu Pillai while hearing their plea seeking quashing of the FIR registered against them on March 16, 2023 by the Andheri Police.
Menon and other booked for unlawful assembly
A Complaint was filed by Sanjay Kamble, who joined AAP last year, alleging that on March 10, Menon and 25-30 other people present at the party office resorted to sloganeering and manhandled him after he vocalised his concerns. Menon allegedly said his "mentality was low" while Pillai ran towards him to hit him. They were booked under various sections of the Indian Penal Code for unlawful assembly, rioting, defamation, intentional insult and threat; and under the provisions of the SC/ST Prevention of Atrocities Act 1989.
The plea contended that the FIR is completely "false and baseless"and they have been roped in as they belong to a prominent opposition party. It further alleged the complaint has been filed influenced by rival political parties. The AAP leader has further claimed that the membership of Kamble and a few other party members was terminated after they were found to be involved in anti-party activities.
Advocates argue there was a 6 day delay in filing the FIR
In addition, the plea contends that despite all the offences being punishable with less than 7 years imprisonment, notice under section 41A of the CRPC was not given. Their advocates, Mihir Desai and Vijay Hiremath argued that there was a six day delay in filing the FIR. Also, the FIR was vague and didn't specify what the casteist slurs were. The HC will hear the plea after four weeks.
