Rane, Gadkari may be charged for wrongly linking Bhujbal with ISI

Under section 199 (4) of the Criminal Procedure Code, the Advocate General or the law officer designated by him, will require the permission of the state government to initiate criminal proceedings against Rane and Gadkari. “The government will file the case before the sessions court. The law and judiciary as well as the Home department have approved the proposal,” the official said.

After Rane and Gadkari alleged that ISI agents were finding it easier now to operate in the metropolis since gangsters were sheltered by those in power, Additional Advocate General P Janardhanan had asked Chief Secretary Arun Bongirwar to initiate criminal proceedings against both Rane and Gadkari for hiding information from the government as well as police.

Under section 39 of the CPC, every person aware of the commission of any offence is required to forthwith give such information to the nearest magistrate or police officer of such commission or intention.

“It is obvious from the statements of Rane and Gadkari that they are aware of the movements of the ISI agents and their activities. If the statements are to be believed, then it was obligatory upon them to furnish necessary information in terms of section 39. The failure to comply with the obligations set up in section 39 is an offence under the Indian Penal Code,” Janardhanan had pointed out.

On the basis of Janardhanan’s advice, Bongirwar had on February 6 asked Commissioner of Police R H Mendonca to investigate the case and submit the report within three days. Subsequently, Deputy Commissioner of Police Sunil Paraskar was deputed to probe into the case, but drew blank owing to non-cooperation from Rane and Gadkari.

Then Rane had contended that merely a letter from Paraskar was not enough, instead, he should mention the provisions of law under which he was seeking information. While the outcome of the investigations are not known, now the government is likely to grant permission for initiating criminal proceedings against Rane and Gadkari.