The airport, slated to be inaugurated on Thursday for commercial operations, has faced long-pending demands from locals to name it after Patil. (Photo: Adani Group/ANI)
The airport, slated to be inaugurated on Thursday for commercial operations, has faced long-pending demands from locals to name it after Patil, known for his advocacy for farmers and project-affected communities, including in shaping the development of Navi Mumbai, where the new airport stands. The airport’s name has yet to be announced.
BJP’s Panvel MLA Prashant Thakur and Uran MLA Mahesh Baldi were cleared of the charges in two separate cases filed against them, demanding that the then state government, led by Uddhav Thackeray, announce the airport after D B Patil. While Thakur was named for allegedly participating in a motorcycle rally on June 9, 2021, Baldi faced two cases: the motorcycle rally and a mashaal (torch) rally held on August 9, 2021.
Since the rallies were held during the Covid-19 pandemic lockdown, the two, along with others, were booked for violating prohibitory orders, including disobeying social distancing rules, which could have led to the spread of the infection. The police had also invoked sections 269 (negligent act likely to spread infection of disease dangerous to life) and 270 (whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life) of the Indian Penal Code (IPC).
In both cases, the police claimed they informed the leaders that the rallies were being conducted without permission and were therefore illegal, and directed them to disperse, but they, along with over 20-25 others, continued their protest, demanding the name for the airport.
In both cases, the court held that there was no evidence that the accused’s acts resulted in the spread of any disease, either intentionally or negligently.
“The prosecution has failed to clarify whether the conduct attributed to the accused was merely negligent or was carried out with the requisite malicious intention to spread the disease. No specific or coherent prosecution theory has been advanced on this crucial aspect,” Chief Judicial Magistrate M B Attar said in the order on December 6. The detailed order was made available recently.
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The court noted that in both cases, the testimonies of the police witnesses did not establish the MLAs’ participation. The witnesses did not reveal whether the participants of the rallies were wearing masks or were violating social distancing norms. It also said that sections 269 and 270 of the IPC have a fundamental distinction in the intention to commit an act, and therefore, it said that invoking both casts doubt over the charges.
The MLAs also challenged the evidence, stating that they were already known to the witness police personnel and that no independent witnesses were examined to corroborate the case against them. The court agreed with the contention, stating that no identification was done.
It said that the prosecution had failed to establish the accused’s guilt beyond a reasonable doubt and that they were entitled to be acquitted.
Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues.
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