Mahad poll violence: State acts after Bombay HC says ‘minister’s son absconding and police can’t arrest him..all political’

MUMBAI: After Bombay high court's rap for not arresting Mahad election violence accused Vikas Gogawale, son of cabinet minister Bharat Gogawale of Shiv Sena, the state said he will surrender on Friday.

"Today I read in the newspaper this minister is going to hoist the flag on Jan 26. This minister is given that honour. Why? He is a cabinet minister ..., and his son is absconding. Police are not able to arrest him... all political," said Justice Madhav Jamdar.




"The position on record clearly shows the rule of law in Maharashtra is adversely affected... If the govt wishes, it can arrest anybody within 24 hours."

Vikas Gogawale, an accused in the Dec 2 violence that broke out between NCP and Shiv Sena supporters during Mahad Municipal Council elections, will surrender on Friday, state told the Bombay High Court. On Dec 23, his anticipatory bail plea was rejected by the HC.

Advocate general Milind Sathe told Justice Madhav Jamdar that “he (Gogawale) said he will ensure he (Vikas) connects with him and he will ask him to follow the law. He will try to connect with him so keep it tomorrow.” The judge asked, “Connect and what?’’ Sathe replied, “with the son.” “And then what?” the judge further asked, “Then he will surrender,” Sathe said.

HC was hearing the anticipatory bail plea of Shreeyash Jagtap, son of former NCP MLA Manik Jagtap. Cross FIRs were filed over the Dec 2 incident. While one person named Vikas, his cousin Mahesh and their supporters, a second named Jagtap and his supporters. On Dec 29, HC granted Jagtap interim protection from arrest. On Jan 17, the state filed an affidavit that in spite of best efforts by the police, Vikas could not be arrested.

Sathe said, “we’ll put it to a logical conclusion and a non-bailable warrant will be issued”. “So this is the position of rule of law in the state of Maharashtra? The person is the minister’s son and the minister is still in the cabinet. This is political,” said Justice Jamdar. Sathe said the next step was the declaration of proclamation.

“If the government wishes, it can arrest anybody within 24 hours. If it doesn’t want to arrest, then they (govt) will file an affidavit,” said Justice Jamdar. Sathe said “that is not the intention, adding; “I’ll show how many persons are deployed for this job. The SP is personally monitoring.”

Jagtap’s advocate said Gogawale told a news channel his son is not absconding and is in contact with him. “The position on record clearly shows the rule of law in the state of Maharashtra is adversely affected,” said Justice Jamdar. He questioned why Gogawale’s statement is not recorded “as to where is his son.”

When Sathe said obviously Vikas “is somewhere…”, Justice Jamdar said “and his father continues to be the cabinet minister. “The chief minister is so helpless he can’t do anything about that. I will make an observation (in the order). It is about administration of justice,’’ added Justice Jamdar.

Jagtap’s advocate pointed out Mahesh, who is also absconding, filed his nomination for Zilla Parishad election. Sathe said he filed it though a proposer.

The judge asked Sathe to take instructions “from the minister” and “the chief minister also” and inform the court at 5pm.

“I will pass an appropriate order. I will not be bound by any pressure…All are citizens. There are no special citizens,” he said. After Sathe’s statement, he kept the matter for 11am on Friday, adding, “before that ask him to surrender also.” Justice Jamdar told Jagtap’s advocate once “he (Vikas) surrenders, your protection goes.”