This is an archive article published on December 2, 2022
Closure reports filed on FIRs against BJP MLA Ganesh Naik, Bombay HC told
In her complaint, a woman said she was in a live-in relationship with Naik and alleged that he had threatened her with a revolver when confronted about his child that she had given birth to.
The BJP MLA was booked in April after the woman lodged a complaint that she was in a live-in relationship with Naik and that in 2021, he had threatened her with a firearm if she disclosed their relationship to anyone. (Express photo)
The Bombay High Court was informed on Friday that closure reports had been filed on two FIRs lodged against Maharashtra BJP MLA Ganesh Naik for allegedly threatening and raping a woman, who claimed that he was her son’s biological father. The court then directed the magistrate to dispose of the proceedings within three months.
The prosecution submitted that it could not find substance in the allegations against the Airoli MLA. Additional public prosecutor Prajakta P Shinde told the court that in both the matters, A-summary reports were filed by the Navi Mumbai police in July and September, after the Shinde Sena-BJP government replaced the MVA government in the state.
An A-summary report on a case is submitted to a magistrate when there is no clue about culprits, or when the accused is known but there is no evidence to justify his being sent to the magistrate for trial.
A bench of Justices Revati Mohite-Dere and R N Laddha was hearing Naik’s plea seeking the quashing of the FIRs registered against him at the CBD Belapur police station. He was booked in April after the woman lodged a complaint that she was in a live-in relationship with Naik and that in 2021, he had threatened her with a firearm if she disclosed their relationship to anyone.
The woman said she became pregnant with Naik’s child in 2006 and went to New Jersey in the US to give birth. However, despite assuring her that he would accept the child and stay with them, Naik did not do so, she alleged.
According to the woman, Naik called her to his office for lunch. When she asked if he would give his name to the child, Naik allegedly pulled out his revolver and told her not to “harass” him or else, he would kill them and end his life. She said she did not file a police complaint back then as Naik was a minister and an influential politician.
Senior advocate Ashok Mundargi, appearing for Naik, submitted that the “two cases have a political angle to them and there is a general tendency that cases connected to political personalities are deliberately kept pending”.
Story continues below this ad
In such cases, Mundargi argued, despite A-summary reports being filed before the magistrate and the complainant being issued a notice, nothing further happens. He therefore urged the court to direct the magistrate to expeditiously dispose of the matters.
A single- judge bench of Justice Anuja Prabhudessai, which granted anticipatory bail to Naik on May 4, had noted that the woman’s statement had indicated that she and Naik were in a relationship from 1995 to 2017. She said that as her family did not approve of their relationship, she got married to someone else. According to her, she divorced him in 2001 and continued the relationship with Naik.
Justice Prabhudessai observed that the relationship between Naik and the woman was consensual and that prima facie essential ingredients of rape were not made out and therefore his custodial interrogation was not required.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
3 min read
