Hindustan Times ST (Mumbai) - Live
Awhad gets bail, calls arrest political
CM rules out political interference, says the DCP who oversaw his arrest was shifted to traffic department
THANE: Former housing minister Jitendra Awhad and 10 other Nationalist Congress Party (NCP) workers on Saturday were granted bail by a Thane court on a personal bond of ₹15,000 each and one or two sureties in the same amount.
They were arrested on Friday for allegedly cancelling the latenight show of a Marathi movie at a city multiplex on November 7, alleging that the film had distorted the history of Chhatrapati Shivaji Maharaj to create a political hype.
Soon after his release, Awhad told reporters that the police arrested him under political pressure and this was to prove to the people of Maharashtra that the government could do anything.
“Bombay high court judge Bharati Dangare in one of her judgements has clearly said that no one could be arrested for 72 hours after a notice under section 41A of the CrPC was served. This was not followed. All of us were arrested for the same offence and section 7 [molesting a person to prejudice of employment or business] of the Criminal Amendment Act 1932 was added just on me. This is completely clear that all this was an afterthought,” the NCP MLA said.
Meanwhile, chief minister Eknath Shinde defended Awhad’s arrest and ruled out any political interference. He claimed that the police action was in line with the law as the
NCP leader had a role in assaulting moviegoers.
“It was said that deputy commissioner of police [Thane, zone V] Vinay Kumar Rathod, who oversaw the arrest, was allegedly pressured. Minutes after the NCP leader’s bail, Rathod was transferred. Currently, he has been posted as the DCP (traffic, Thane city),” Shinde said in Nagpur, adding his government does not believe in the politics of vendetta.
Supporters of Awhad had started gathering outside the court since the morning. Hoardings had been erected at several places in the city, which said, “We will not tolerate the incorrect picturisation of the history of Chatrapati Shivaji Maharaj. Do not show us fear of prisons; we are ready to be hanged.”
The MLA was taken to the court around 10.15 am from Vartak Nagar police station.
Public prosecutor Anand Nandagiri sought Awhad’s police custody. “We need his custody for seven days on the basis of evidence we have against him. If he gets released on bail, he can tamper with the evidence and before that his custodial interrogation is necessary.”
Prashant Kadam, who appeared for the NCP leader, said the materials on which the police had arrested his client were baseless. “The notice under section 41A of the CrPC needs to be served 72 hours before the arrest. If Awhad had not replied to it within that period, then he could have been arrested.”
Kadam further said the notice had asked Awhad to be present at the police station by 5 pm on Friday but he reached there at 2.30 pm. “My client was cooperating with the investigation and never refused to answer anything the police had asked for. Their [police] own documents show it is an illegal arrest. No protocol was followed; the police acted under political pressure.”
About the prosecution’s demand, he said, custody is sought by the police without any evidence or documents. “How come they say there is a chance of tampering with the evidence without a concrete conclusion.”
After hearing the arguments, the court sent all the 11 accused to judicial custody for a week. Soon after, the defence lawyers moved bail applications which were accepted by the court.