Court: Jagtap had reason to believe his appointment followed due procedure

Mumbai: In the detailed order granting anticipatory bail to advocate Shekhar Jagtap, accused of appearing in higher courts without authority in a series of criminal complaints registered against builder Sanjay Punamia and police officers, a sessions court has cited a letter from the former home minister which ratifies that on his oral instructions Jagtap was appointed as a special public prosecutor. The judge also made similar observations in a separate order granting anticipatory bail to Kishore Bhalerao, deputy secretory, home department, also an accused in the case. While the duo were granted the relief on Tuesday, the detailed order was made available on Saturday. The judge observed that prima facie, it appeared that Jagtap had reason to believe that his appointment as a special public prosecutor was in accordance with the due procedure of the government department. The judge said that via the letter dated January 31, 2024, the then home minister has affirmed that the “disputed appointment orders” were issued by Bhalerao. “Hence, prima facie it appears that the appointment of the present applicant (Jagtap) as special public prosecutor (SPP) through the disputed letters or orders was with due authority. Thus, the said letter favours not only to Kishore Bhalerao but to present applicant as well,” said judge S D Tawshikar. The judge said that the letter prima facie takes out major force in the allegations of forgery manipulation of record, etc by Bhalerao. The judge also said that Jagtap had received no remuneration for the work he did in light of his appointment, therefore, prima facie, there was no force in the allegations of cheating and causing loss to the government. The judge also said that the fact that Punamia held a grudge against Jagtap as he opposed his bail plea also needed to be considered at this stage. “It is not in dispute that the state has appointed present applicant (Jagtap) as special public prosecutor (SPP), in the same CRs before the court of magistrates. Admittedly, applicant has represented the state before the trial court. Said undisputed orders were signed by same person Kishore Bhalerao…Therefore, prima facie, it appears that applicant had reason to believe that his appointment as SPP was in accordance with the due procedure of the Government Department performed regularly,” the judge said. The Colaba police had registered a case against builder Shyam Sunder Agarwal and his nephew Sharad Agarwal for allegedly submitting forged documents and appearing in higher courts without authority in complaints registered against builder Sanjay Punamia and police officers, including former city police commissioner Param Bir Singh.