Police can8217;t see Sena MLA go hungry, won8217;t arrest him!

In an interim order dated February 22 Judge U S Mendjoge of the 44th Metropolitan Magistrate8217;s Court at Andheri,had rejected the application submitted by the Juhu police for filing a chargesheet against the accused without arresting or interrogating them. The judge maintained that the arrest of the accused was necessary and that they should have been produced before the court at the time of filing charges. 8220;There is no other known method by which they can be brought before the court for trial,8221; he said referring to an earlier judgment published in the Criminal Law Journal, 1996, adding, 8220;I do not find any reason to give any special treatment to the accused by accepting the chargesheet without their arrest, otherwise it will be presumed that the arrest of politicians is not necessary.8221; Judge Mendjoge sent the chargesheet back to the police, giving them the liberty to file the same after the arrest of the accused.

But Juhu police8217;s response to the court order was even more startling. Senior Police Inspector Ramesh Manikrao Sarnaik filed an affidavit on February 23 in the Bombay High Court, where a writ petitionfiled by complainant Sisodiya is pending, giving outrageous reasons why Gurunath Desai and his associates cannot be arrested. These included Desai8217;s threat to go on an indefinite hunger-strike in the police lock-up! Sarnaik also told the court that his inquiries have revealed that Desai being a popular sitting Shiv Sena MLA his arrest could lead to rasta rokos and other agitations in the area. He also noted that the accused told him that they would not hire lawyers to represent their case thus remaining in custody.

Why Sarnaik decided to file an affidavit in the high court instead of the metropolitan court from where the order had emanated is still a mystery.

Zone VII DCP K L Prasad under whose jurisdiction the Juhu police falls today refused to comment saying the matter was sub-judice.

Sisodiya and his family8217;s harassment by the Shiv Sainiks began the day he signed as a witness in a complaint filed against Gurunath Desai and Arun Desai by the landlord of the Gourishankar Chawl, Irla, Vile Parle west,where he resides. According to the writ petition filed by Sisodia in the high court, in 1987 Gurunath Desai and his henchmen broke into the room of a certain Chaudhary, Sisodiya8217;s neighbour at Gourishankar Chawl, in Vile Parle west, when the former was hospitalised for some ailment. They took over the possession of the room and later sold it off for Rs 2.50 lakh.

Subsequently, the landlord of the chawl initiated legal peoceedings against Gurunath Desai and Arun Desai wherein Sisodiya became a witness, inviting the duo8217;s wrath. Sisodiya and his family were threatened several times and harassed continuously by Desai and his men in the following month s, the petition says. The matter was also raised in the Maharashtra Legislative Assembly, and the Sisodiyas were given police protection following an order by Deputy CM Gopinath Munde. But the protection was later withdrawn.

The writ petition also alleges that Gurunath Desai, his brother and the local Shakha Pramukh are planning to throw out the residents ofthe chawl, and develop the 3,500 square metres plot into a multi-storied complex. 8220;All the residents of the chawl are victims of the accused, but due to fear and threats, no one is coming forward to seek justice8230;the residents are afraid of a backlash from the accused,8221; the petition says.

Manav Joshi, President of the Brashtachar Nirmoolan Sangathana, a body engaged in curbing corruption from government agencies, has also written a letter to the IGP and the Commissioner of Police to direct the Juhu police station to arrest the accused in the interest of law and natural justice.

The BNS has also demanded departmental action against SPI Sarnaik and others responsible.

Desai can8217;t be arrested because8230;

1.8220;In case of his arrest, the accused Gurunath Krishna Desai and others have threatened to go on an indefinite hunger strike in police lock-up.8221;2. 8220;They have also stated that they would not engage any advocate to avail bail and thereby will remain in custody.8221;

3. 8220;Shri Gurunath KrishnaDesai beign a popular sitting Shiv Sena MLA has got tremendous support of local residents. During secret inquiries it was revealed that there will be rasta roko and other agitations to protest in the event of his arrest.8221;

4. 8220;There will be public unrest, which will create tension in the jurisdiction of Juhu police station and which could invite a serious law and order problem.8221;