Mumbai: Stating that the prosecution has failed to prove the case beyond reasonable doubt, a magistrate court has acquitted prominent political leaders for participating in a Maratha reservation bike rally which was denied police permission. BJP’s Ashish Shelar, Bhai Jagtap from the Congress and Bharat Gogawale (who was in Shiv Sena back then and later switched to Shinde camp) were granted relief in the 2016 case.
They had been booked by the Azad Maidan police station under a provision of the Maharashtra Police Act that deals with prohibiting all kinds of public assembly through a prohibitory order. The punishment could extend up to one year prison and a fine.
The police alleged that the accused had contravened the order of the police commissioner by arranging the rally where slogans were raised against the erstwhile BJP-Shiv Sena government. They had assembled on the intervening night of November 8 and 9, 2016 at DN Road near the CSMT railway station.
The prosecution had examined only two witnesses. A police witness had told the court that the rally had started around 10.15am on Nov 8 from the Somaiya College and had reached CST at midnight. He further said that the accused were part of the event in which around 20,000 to 25,000 people had participated. Also, traffic was affected due to the huge gathering, he added.
The court said that it is necessary for the police to first prove the order of the CP. It found the order is not proved as per procedure required and on this sole ground the accused are liable for acquittal.
Metropolitan Magistrate Nadeem A Patel further pointed out that though the investigating officer had told the court that he had collected CCTV footage of the incident, he had not produced it before the court. This creates a doubt in the prosecution story, whether the accused really breached prohibitory order and arranged the rally, the magistrate said.
The court then added that the police have not recorded any statement of a member of the public though it claims that there was obstruction in traffic due to the rally. This too, it said, creates a doubt in the case. It held that the accused are entitled for benefit of doubt.
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