
MUMBAI, SEPT 27: Chief Minister Vilasrao Deshmukh on Wednesday initiated criminal as well as civil defamation proceedings against BJP spokesman Atul Bhatkhalkar for alleging he had struck a Rs 50 crore deal with approving the development plan for Pune city.
8220;Since there was no response to my legal notice, I have filed a Rs 100 crore defamation suit against him. Simultaneously, my government has granted sanction to the public prosecutor for initiating criminal proceedings under the Criminal Procedure Code against Bhatkhalkar,8221; Deshmukh said.
On September 14, Bhatkhalkar had alleged that Deshmukh had illegally changed the reservation of 26 plots in Balewadi areas within the Pune Municipal Corporation limits to residential zones and that a bribe of Rs 50 crore was paid to the Chief Minister in the alleged transaction.
While granting permission to the public prosecutor, the Urban Development Department observed that statements made by Bhatkhalkar prima facie constitute serious defamatory allegations against the Chief Minister, who also holds the Urban Development portfolio, in relation to his conduct in the discharge of his public duties.
8220;The Government, after considering all the facts and material placed before it including the draft complaint, is prima facie satisfied that an offence of defamation under Section 500 of the Indian Penal Code has been committed by Bhatkhalkar against the Chief Minister and that it is in the interest of justice to prosecute him for having committed the offence,8221; S V Deshpande, Deputy Secretary, Urban Development Department said in his order to grant permission to the public prosecutor.
Deshpande said under Section 199 4 of the Criminal Procedure Code, the Government has empowered the public prosecutor to initial criminal proceedings against Bhatkhalkar in the sessions court.
Bhatkhalkar is the third politician against whom the Congress-led Democratic Front Government has granted permission to the public prosecutor. Following allegations made against Deputy Chief Minister Chhagan Bhujbal, the Home Department has already granted permission to initiate proceedings against Leader of Opposition in the Assembly Narayan Rane and his council counterpart Nitin Gadkari.
In the Rs 100 crore defamation suit filed before the Bombay High Court, the Chief Minister submitted that the allegations made by Bhatkhalkar were blatantly defamatory and exposed him to hatred, ridicule and contempt in the eyes of right thinking members of society with respect to the discharge of his public duties.
While explaining the entire quasi judicial process involved in approving the development plan of Pune city, the Chief Minister has urged the High Court to order Bhatkhalkar to pay him Rs 100 crore towards damages or such other amounts as the court deems fit and proper with interest thereon from the date of filing the suit.
Deshmukh has also requested issuance of a permanent injunction refraining Bhatkhalkar, his servants and agents from repeating the defamatory allegations against the Chief Minister or from publishing any further allegations of a similar nature.