Mumbai, Aug 5 (PTI) The Bombay High Court on Tuesday refused bail to former BJP MLA Ganpat Gaikwad arrested for allegedly firing at Shiv Sena leader Mahesh Gaikwad inside a police station last year, saying the incident was shocking and unacceptable in a civilised society.
A bench of Justice Amit Borkar in its order said the matter did not stop at just firing but it is alleged by the prosecution that Ganpat Gaikwad, after noting the victim was still alive, sat on his chest and assaulted him with the butt of the revolver.
“Such an act, if taken to be true, demonstrates not only an intention to kill but also reveals the applicant’s (Ganpat Gaikwad) determination to ensure fatal consequences, irrespective of the location and presence of police officers,” it said.
Any act of violence committed within the four walls of a police station cannot be treated lightly, as it strikes at the heart of public order and security, the court said.
The offence alleged against the accused is not only heinous but also indicative of a complete disregard for the rule of law and safety, the HC said.
This was a “shocking incident” where a violence assault took place inside the premises of a police station, an institution meant for public protection and rule of law, it noted.
A person who is a public representative engaging in such conduct reflects not only disregard for the rule of law, but also sends a message of fear and intimidation to citizens, the court added.
“A police station is not a battlefield, and an ordinary citizen, more so a former MLA, is not expected to visit a police station carrying a weapon, unless there is a deliberate intention to use it,” the HC said.
As a public figure, Ganpat Gaikwad is expected to show restraint and respect the authority of law enforcement institutions, it added.
“The entire incident took place inside a police station, a place meant for enforcing law, offering safety and to ensure that disputes are resolved peacefully under due process,” Justice Borkar said.
Engaging in such violent acts within the precincts of a police station strikes at the very foundation of the rule of law, the court said.
“It creates an atmosphere of fear and lawlessness and sends a wrong message that even the police machinery can be rendered helpless in the face of political power or group violence. Such actions, if left unchecked or viewed leniently at the stage of bail, may seriously erode public confidence in law enforcement agencies and in the justice delivery system,” it added.
The incident did not occur in a private space or in a sudden flare-up in a street argument, but in a controlled, official and secure environment, which makes the offence all the more shocking and unacceptable in a civilized society, Justice Borkar said.
The court also rejected the bail pleas of Ganpat Gaikwad’s bodyguard Harshal Kene, and Kunal Dilip Patil and Nagesh Deepak Baderao, who allegedly played active roles in aiding and facilitating the assault.
The incident threatens the very fabric of law and order and if such conduct is condoned or treated leniently at the stage of bail, then it may send a wrong signal to the society and undermine public faith in the legal system, the HC said.
The bench, while rejecting Ganpat Gaikwad’s bail, noted his wife is currently a sitting MLA and hence such political stature and proximity to power can naturally create an atmosphere of fear and pressure on the witnesses.
The case was not merely a personal assault or political rivalry turning violent but was one which shakes the very foundation of the rule of law, it said.
“While liberty of a person is precious, it cannot be allowed to be a passport for commission of serious crimes,” the HC said.
According to the prosecution, on February 2 last year, members of two rival political groups gathered at Hill Line Police Station in Ulhasnagar in Maharashtra’s Thane district, demanding the registration of criminal cases against each other.
While Mahesh Gaikwad, the Kalyan president of the Shiv Sena led by Deputy Chief Minister Eknath Shinde, and two others were in Senior Police Inspector Anil Jagtap’s cabin, Ganpat Gaikwad and his associates entered at around 9.30 pm.
Thereafter, a commotion broke out as both factions argued.
As the police tried to pacify the groups, Jagtap stepped out of the cabin to manage the situation outside.
The prosecution alleged that Ganpat Gaikwad then took out a revolver hidden in his waist and opened fire with the intent to kill Mahesh Gaikwad. An associate of the Shiv Sena leader was also injured in the incident.
The accused were arrested on charges of attempted murder and unlawful assembly with the common object to cause terror within precincts of police station, among others. PTI SP GK
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