NCP (SP) MLA Jitendra Awhad discharged from 2016 Fergusson College clash case

On March 22, 2016, a verbal clash was reported between the ABVP activists and a group of students claiming to be Ambedkarites, over a programme ‘Truth of JNU’ organised at the Fergusson College campus. On March 23, Jitendra Awhad went to the campus along with NCP workers to support the Ambedkarite students.

According to the police, when Awhad went to the famous Kimaya Canteen of the college, a large number of students from the BJP’s youth wing  shouted slogans against him. Police said NCP and BJP workers came face to face with each other. Subsequently, stone pelting was reported, after which police had to resort to lathicharge. Empty water bottles, footwear were also allegedly pelted on Awhad’s car.

An FIR was lodged against multiple persons from both sides, including Awhad, at the Deccan police station, 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 the IPC and relevant provisions of Maharashtra Police Act, 1951. The chargesheet in the case was filed in August 2018.

A court of judicial magistrate first class (JMFC) in Pune had later rejected Awhad’s application seeking discharge in the case. He then filed a revision petition before the sessions court and sought quashing of the order passed by the JMFC and to allow his discharge application.

Through senior lawyer Harshad Nimbalkar, Awhad submitted to the court that the co-accused of the opposite party had pelted stones, bottles and chappals at him. Nimbalkar argued that Awhad was a victim of the incident and still the police arraigned him as an accused in the crime.

Seeking a dismissal of Awhad’s revision petition, assistant public prosecutor Anilkumar Verma submitted that Awhad came to the college with his supporters—causing breach of preventive order— and became part of unlawful assembly. “Therefore, he is liable for every act committed by unlawful assembly. There is sufficient material on record to presume that the accused has committed the offence to frame the charge,” the APP submitted to the court.

After hearing both sides, the court allowed Awhad’s petition and discharged him from offences levelled against him in this case. The court observed there was no evidence against Awhad.