In a relief for businessman Shyamsundar Agarwal, the Thane Police told the Bombay High Court that it would not summon him till August 22, against whom they had initiated chapter proceedings. Chapter proceedings are preventive actions taken by the police if they fear that a particular person is likely to create trouble and disrupt the peace in society.
32 cases registered against Agarwal
According to the State government, there are 32 cases registered against Agarwal, hence it set up a Special Investigation Team (SIT) to probe these cases. Simultaneously, the police initiated chapter proceedings against him and issued a notice to him for the same. The police alleged that Agarwal cheated poor farmers and usurped their properties under threat of the underworld.
Senior advocate Anil Singh and advocate Sandesh Patil, appearing for Agarwal, argued that cases were registered against Agarwal at the behest of his former friend, businessman Sanjay Punamiya. They pointed out that Punamiya’s sister Geeta Jain is a Member of Legislative Assembly (MLA) and his close friend Prashant Bamb is also an MLA from Aurangabad. These proceedings have been initiated only for the purpose of harassing Agarwal, the advocates contended. Punamiya is a friend of former Mumbai police commissioner Param Bir Singh (PBS).
Punamiya harassing Agarwal using his connections, lawyer argues
Singh contended that because of his connections, Punamiya also filed an extortion complaint against Agarwal, when in fact he was the victim of extortion.
Agarwal too had filed a complaint against Punamiya and PBS, following which the businessman was jailed for a short period of time.
The businessman said that police have filed closure reports in some of the cases registered against him and he was acquitted in a few other cases.
Singh argued that the chapter proceedings were initiated without ascertaining the true facts, or without conducting a preliminary enquiry, without following due process of law. Further, there was no offence registered against Agarwal which would show that he was responsible for the breach of public peace.
A division bench of Justices Revati Mohite Dere and Gauri Godse asked the prosecution to take instructions. Prosecutor infomed the bench that the police would not summon him till August 21.
The bench then pointed out to Agarwal’s bulky petition and said: “Think about the environment. We don't want lawyers to annex papers which are not needed. Yesterday we imposed a cost in another case. You also pay to some environmental NGO; BEAG or Vanashakti. Pay to Vanashakti.”
The bench directed Agarwal to pay Rs 25,000 to Vanashakti. However, on request from Singh, the bench did not mention the cost in its written order.
