The Bombay High Court on Monday asked the Maharashtra government to explain how a gathering, of which petitioner NCP leader Jitendra Awhad was a part in 2016, was unlawful, leading to the Pune Police lodging an FIR.
A division bench of Justice Revati Mohite-Dere and Justice Sandeep V Marne was hearing a plea filed by Awhad and two others, seeking that the FIR be quashed and the chargesheet filed in the case be set aside.
On March 23, 2016, the Deccan police station had lodged an FIR in connection to a clash between NCP, BJYM and ABVP workers at Fergusson College campus in Pune. They were booked on charges under sections 143 (unlawful assembly), 147 (rioting) 323 (voluntarily causing hurt), 336 (act endangering life or personal safety of others), and 341 (wrongful restraint) of Indian Penal Code and provisions of Maharashtra Police Act, 1951. The chargesheet in the case was filed in August 2018.
The FIR had claimed that the accused, without giving any notice, gathered at the college campus to protest. It alleged that despite the local administration and the police repeatedly requesting the accused to maintain peace, as examinations were going on in the college, they raised slogans and also pelted stones on each other, injuring one person. Moreover, Awhad was heckled during the clash.
Claiming that mere raising of slogans did not affect the general public, the plea said that the accused had not indulged in any overt act as per the chargesheet and therefore, the petitioners are being falsely implicated.
The HC will hear the matter after three weeks.