Advocate General indicts BMC chief

December 10: State Advocate General C J Sawant today gave a fresh twist to the ongoing feud between the BMC education committee chairperson...

December 10: State Advocate General C J Sawant today gave a fresh twist to the ongoing feud between the BMC education committee chairperson Neeta Naik and law officer A H Chheda by categorically stating that the Municipal Commissioner quot;twisted sentences and misinterpreted legal opinion.quot; Sawant8217;s statement directly indicts Girish Gokhale.

quot;The commissioner had sought my opinion as to whether the BMC was bound to defend an education committee chairperson or a chairperson of any other committee in a case filed against the BMC and the chairperson. I had clearly stated that if any officer or anybody connected directly with the BMC was discharging his or her duties under the provisions of the BMC Act, the BMC legal department was bound to defend that person in any case,quot; said Sawant.

quot;Even in the case of a contempt, if the official concerned was not willing to toe the BMC8217;s line of defence, the legal department was bound to make the official aware of the fact and advice him or her to appoint a separate counsel. Here Naik was discharging her duties under the provisions of the Act, and the BMC was bound to defend her in the case,quot; he added.

BMC law officer A H Chheda had denied providing a counsel for Naik, leaving her in the lurch before Justice F I Rebello, when the case came up for hearing on November 25. Following a furore over the matter in the general body meeting on that day, additional municipal commissioner Ratnakar Gaikwad ordered Chheda to proceed on leave. A committee was also set up under deputy municipal commissioner S R Dange to enquire into the matter and submit a report within 10 days.

Gokhale, who was abroad then, subsequently sought legal opinion from Sawant in the matter. However, in an alleged misinterpretation of Sawant8217;s opinion, which virtually absolved Chheda of all charges of not defending the chairperson, Gokhale said that the BMC was not obliged to defend Naik and that she should appoint her own counsel. Naik was represented by C J Sawant in the matter today. Sources said Dange has submitted his report today.