Judge recuses from hearing Naik’s plea

NAVI MUMBAI: Ganesh Naik has not got any relief or protection from arrest on his anticipatory bail applications in two cases of rape and threat registered against him by Navi Mumbai police.

The former minister and BJP MLA from Airoli had made two applications at Thane Sessions Court on Thursday.

A 48-year-old woman claimed to be Naik’s live-in partner for 27 years and that they have a 15-year-old child and that Naik sexually and mentally exploited her between 2010 and 2017. She has also alleged that he threatened to kill her and her child.

Naik had hence filed for anticipatory bail to avoid arrest in the two cases. The threat case bail application was heard in the court of Judge Rajesh Gupta while the rape case was posted in Judge VY Jadhav’s court.

The threat case anticipatory bail plea has been posted for hearing on April 27. The judge hearing the rape case anticipatory bail recused himself and has asked the principal judge to appoint a new judge. The complainant’s advocate has asked for the threat case judge to be given the rape case hearing as well.

Speaking on the developments in the court, the woman’s advocate, Lucy Massey, said, “Naik has not been given any protection order for now. Judge Gupta has not given any interim bail order. A short date has been given and direction for reply to be filed has been issued by him. The next hearing in the CBD Belapur police station threat case anticipatory bail application has been posted for April 27.”

Asked if he could be arrested, Massey said, “Probably. Police will continue their investigation. The judge will hear the case at the next hearing and decide if interim bail should be granted or final bail should be granted.”

She informed, “In the Nerul police station rape case anticipatory bail case, judge Jadhav has recused from hearing ordering ‘Not before me’. We had objected to the presence of an advocate appearing before the bench, which he accepted. He has asked the principal judge to appoint a new judge for the case.”

Massey said, “We have also made an application to post the case to Judge Gupta so that both the cases are heard by the same judge. Principal judge could appoint new judge on April 22 for rape case anticipatory bail hearing.

“Naik’s advocates claimed that Naik is being accused as he has shifted from NCP to BJP and the case is politically motivated. But these are baseless allegations. This is about self-respect. I have told the court that when my client, a green card holder, went to the US for delivery, the hospital bore all the cost and not Naik. There was no support for her from him. Two months later, he went there because he did not want her to stay there.”

Asked if Naik had accepted the relationship and child, she said, “His advocate has, in the submission, forwarded that he had been in a relationship with the complainant and everything was fine. It also says that he has a child with her. Though they have not taken up the child issue in the court, this can be taken as an acceptance by him.”

Naik has not responded to the allegations despite repeated attempts since the complaint was first made by the woman. His advocate too did not speak.

HT FILE PHOTO Ganesh Naik.