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This is an archive article published on March 9, 2010

Cop says won’t oppose party worker’s bail plea,HC says shocking

The High Court on Monday pulled up a police officer who had decided not to contest,in a lower court...

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The High Court on Monday pulled up a police officer who had decided not to contest,in a lower court,a bail plea by an NCP worker accused in a case involving the alleged distribution of fake ration cards to facilitate bogus voting.

Investigating officers usually oppose bail,whatever the offence,and according to the prosecution,Sunil Khadkar of the Anti-Extortion Cell was the first to go against the trend when he told the lower court that he did not want to oppose NCP worker Santosh Mhatre’s bail plea.

“This is shocking. There’s no fair investigation in most of the cases. That’s how our criminal justice system works,” a division bench of Justice P B Majmudar and Justice R G Ketkar said in the High Court. “These people (corrupt officials) should be exposed in public,” Justice Majmudar added.

“You are fooling the people. We are finding holes in the system,” the court observed.

“If this was Khadkar’s generous attitude towards Mhatre,a political worker,what do you expect if it is a high official or a minister?” Justice Majmudar said.

The case had been filed by Shirish Gharat,a local Shiv Sena worker. He had filed a complaint with Navi Mumbai police last April saying NCP workers were distributing fake ration cards to facilitate bogus voting in the 2009 Lok Sabha polls. The NCP’s Sanjeev Naik was eventually elected.

Justice Majmudar noted the lower court’s observation that though the offence is serious,Khadkar did not oppose the bail plea.

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The High Court too observed that the case involves a serious offence since the wrong person would get elected as a result of bogus voting and will not reflect the real voice and selection of people.

The court also took note of additional public prosecutor Dinesh Adsule’s submission that the police usually oppose all bail pleas and that this is the first time one had not been opposed.

Adsule said based on an earlier court order,the CID has recorded Naik’s statement. “Prima facie the way the investigation has been carried out hardly inspires any confidence,” the court said.

The judges were of the view that the state should conduct a departmental inquiry against such officers.

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The petition involves the alleged distribution of 5,000 bogus ration cards. After the chargesheet,the investigation was transferred to the CID following a High Court order. Mhatre was released on bail on May 5,2009.

The court has directed the investigating officer to be present on March 11.

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