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Journalism of Courage
The Bombay High Court Wednesday granted interim protection from arrest for four weeks to Shiv Sena (UBT) leader and former Mumbai mayor Kishori Pednekar in a case related to alleged irregularities in the purchase of body bags for Covid-19 patients.
A single-judge bench of Justice NJ Jamadar, which was hearing the pre-arrest bail plea by Pednekar, observed that an investigation is under way, and at the present stage, custodial interrogation of the applicant does not seem to be warranted. The court also said the issue can be considered during the final hearing of the plea.
The judge said, “I am inclined to protect the liberty of the applicant. In the event of arrest, the applicant shall be released on a personal bond of Rs 30,000.”
The high court also directed Pednekar to appear before the Mumbai police’s Economic Offences Wing (EOW) on September 11, 13 and 16 from 10 am to 1 pm and posted further hearing in her plea after four weeks.
On September 4, the Maharashtra government had verbally assured the court that no coercive action would be taken against Pednekar till Wednesday.
Pednekar moved the high court after a sessions court on August 29 rejected her pre-arrest bail plea, observing that the allegations prima facie showed a conspiracy involving misuse of power and public money.
On August 4, based on a complaint filed by BJP leader Kirit Somaiya, the EOW registered an FIR against Pednekar, a former additional municipal commissioner (projects), a former deputy municipal commissioner (purchase/CPD), private contractor Vedant Innotech and unidentified government servants for the alleged fraud of Rs 49.63 lakh.
Vedant Innotech allegedly supplied body bags to the Brihanmumbai Municipal Corporation (BMC) at Rs 6,719 per piece, which was over three times (Rs 1,500 apiece) —more than what it had charged other government authorities or private hospitals during the same period.
Pednekar and senior civic officials were booked under sections 409 (criminal breach of trust by a public servant or by a banker, merchant, or agent), 420 (cheating) and 120B (criminal conspiracy) of the Indian Penal Code (IPC).
Alleging that he was falsely implicated in the case, Pednekar said in her plea, “The complaint against the applicant is tainted with mala fides, politically motivated, and made with an ulterior motive. The baseless and frivolous allegation is made against the applicant only in order to implicate her in a serious offence.”
Advocate Sudeep Pasbola, representing Pednekar, also said the complaint against her had political overtones as it was lodged only after the split in the Shiv Sena.
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