A SESSIONS court docket on Monday granted anticipatory bail to fifteen members of the BJP booked for allegedly restraining normal supervisor of the BEST in July, whereas expressing shock on the stand taken by the Mumbai Police of giving a no-objection to their pleas. The court docket noticed that whereas the specter of the Covid-19 pandemic stays, “prima facie such an act of gathering is unacceptable”.
On July 23, near 30 members of the BJP allegedly entered the BEST workplace to protest over discontinuation of energy provide, confirmed banners, shouted slogans, restrained the overall supervisor for over three hours and clashed with police personnel. Police filed an FIR on fees together with sections 353 (assault or use of prison drive to discourage public servant from discharge of his obligation), 341 (wrongful restraint), 332 (voluntarily inflicting harm to a public servant) and different sections pertaining to illegal meeting of the IPC, Prevention of Damage to Public Property Act and Epidemic Prevention Act.
Those a part of the group, who sought pre-arrest bail, included MLAs Mangalprabhat Lodha, Rahul Narvekar and 13 others. Police gave its no-objection stating that the chargesheet had been filed within the case.
“The persons in the mob illegally obstructed the general manager and also manhandled police personnel. All this happened during the pandemic of Covid-19. Therefore, crime is registered against the applicants and other unknown persons under various sections… However, it is very strange when I perused last line in last paragraph of say (reply), wherein IO/PI (investigating officer) has vehemently and brazenly told that they have no objection to grant anticipatory bail to the applicants on any such terms and conditions,” the court docket mentioned.
The court docket additional added, “It is very surprising when investigation agency itself has tried to fill the shoes of administering justice when they have given no objection to grant of bail to the accused. Because it is the primary duty of police or investigation agency to investigate the matter with fair and unbiased manner. Even court also cannot interfere in this as to how to conduct the investigation. It is the liberty of the police to do their job as per law and procedure.”
The court docket mentioned it was considering submissions made by the investigating officer that the probe is full, chargesheet has been filed and, therefore, concluded that custodial interrogation isn’t mandatory.
“…it’s stored in thoughts that when menace of the pandemic isn’t averted, gathering of extra individuals isn’t solely trigger harmful to individuals who’re working as important providers like electrical provide staff and police personnel, but in addition public at giant.
Therefore, prima facie such act of gathering below pandemic isn’t acceptable,” the court docket mentioned. Last month, one other member of the group was granted pre-arrest bail.