Kirit Somaiya moves HC to quash ‘manipulative’ FIR lodged on his complaint against Shiv Sena workers

He also wanted the CBI to be handed over the investigations into an alleged series of attacks on him including the one on April 23 for a “thorough, complete and independent” probe and wanted a court-monitored inquiry into the action of police authorities who lodged the “manipulative” FIR. He also sought departmental inquiry against the police officers. Somaiya has also sought a direction for the police not to file a chargesheet in the attack case.

A former MP, Somaiya was allegedly attacked by Shiv Sena workers outside the Khar police station when he had gone to meet independent MLA Ravi Rana and his MP wife Navneet Rana. The couple were arrested and kept in police custody. They were slapped with sedition charges.

Somaiya’s plea stated that after recording his detailed statement, the police officials lodged a “fake” FIR by manipulating details of the facts narrated by him and also uploaded it without his signature. As per his plea, Somaiya immediately protested and refused to sign on it as it was allegedly drafted for the convenience of Shiv Sena activists and the colluding officers as per instructions from “higher ups”.

“For instance, the curtailed complaint states that the so-called political activists were standing at a distance of 100 meters, which was utterly false,” the plea said. Somaiya added that the issue was raised by four MLAs and himself, along with the leader of the Opposition, who met the Maharashtra governor to apprise him of the incident.

Somaiya alleged that Shiv Sena workers had physically attacked him and wanted to kill him. “Police inaction against Sena workers is shocking.. It is a criminal conspiracy to protect Shiv Sena goondas who tried to kill me. In the FIR, we have demanded action under Sections 467, 465, 466, 471, 167, 217, 218, 120b of the IPC,” he said.

The BJP leader had also served a legal notice to a senior inspector at the Khar police station for the allegedly illegal, manipulative and fake registration of the FIR without his signature and claimed that the entire episode of uploading the FIR and taking action on it was unlawful.

Somaiya said that the Mumbai police’s act was in “gross violation” of theCode of Criminal Procedure and wanted the high court to examine records of the proceedings, including CCTV footage from the Khar and Bandra police stations, and quash the FIR.

He said the Mumbai police’s action was against the right to life and liberty and the right to free speech guaranteed by the Constitution and therefore a fair and independent inquiry by the CBI was required.