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Journalism of Courage
In the dispute over the pension of former Maharashtra deputy chief minister late Ramrao Adik between his son and leading cardiologist 79-year-old Dr Lekha Pathak, the sessions court has said she has no criminal intent in what was primarily a civil dispute. Last week, the court had granted Pathak anticipatory bail in a case filed by the son, who had alleged that she is receiving pension payable to the widow of a former MLA, despite not being his legally wedded wife, claiming that she had forged documents.
“…the applicant/accused (Pathak), being a 79-year-old senior citizen, reputed doctor and having fully cooperated with the authorities, does not require custodial interrogation. The dispute primarily pertains to civil aspects of entitlement to pension, and there is no evidence of criminal intent on her part. Given her advanced age, ill health, clean antecedents, and willingness to assist in the investigation, coupled with the principle that mere civil disputes should not result in unnecessary harassment through criminal proceedings, this Court allow the application and grant protection from arrest while ensuring that the investigation proceeds without obstruction,” additional sessions judge Avinash Kulkarni said in the order, passed last week, made available on Thursday.
The Marine Drive police had filed a complaint naming Pathak following directions from a magistrate court, where Adik’s son, Prithviraj, had alleged that she was not entitled to the pension under the Maharashtra Legislative Members Pension Act, 1976, as she is not the lawful widow of Adik. He passed away in 2007. The complaint alleged that Prithviraj’s mother Shobha, who passed away in 2022, was entitled to it as his legally wedded wife. Pathak had claimed that Adik and his first wife had signed a divorce deed in 1989 and that she had then married him in 1995. She also referred to a petition filed before the Bombay High Court earlier where Shobha has named Pathak as a defendant, referring to her as Adik’s wife. She also said the verification was done by the Maharashtra Legislative Council before granting her the pension and that a compromise decree between her and the wife and children of Adik based on his will filed in 2006 was being violated by this complaint.
“Thus, Shobha Ramrao Adik admitted that the applicant/accused is the wife of Ramrao Adik. It is a civil matter whether the applicant/accused is entitled to be considered a legally wedded wife or not. In the compromise Pursis the applicant/accused held that she is the wedded wife of Ramrao Adik; however, the clarification application was dismissed,” the court said.
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