The Bombay High Court delivered a sharp rebuke to the Maharashtra government on Thursday for its failure to arrest Vikas Gogawale, the son of Shiv Sena cabinet minister Bharat Gogawale, who is accused in the Mahad Municipal Council election violence case. The court expressed deep concern over the apparent political influence undermining the rule of law in the state.
Court Questions Government's Inaction
Justice Madhav Jamdar pointedly questioned why Bharat Gogawale continues to hold his cabinet position while his son remains absconding. "Today I read in the newspaper this minister is going to hoist the flag on January 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," Justice Jamdar remarked during the hearing.
The judge emphasized that the government's capability to make arrests is not in doubt. "If the government wishes, it can arrest anybody within 24 hours. If it doesn't want to arrest, then they will file an affidavit," Justice Jamdar stated, highlighting what he perceived as selective enforcement of the law.
Surrender Deadline Set
Following the court's criticism, Advocate General Milind Sathe informed the bench that Vikas Gogawale would surrender on Friday. Sathe explained that the minister had assured he would connect with his son and instruct him to follow legal procedures. "He said he will ensure he connects with him and he will ask him to follow the law. He will try to connect with him so keep it tomorrow," Sathe told the court.
Justice Jamdar pressed for clarity, asking "Connect and what?" to which Sathe responded, "with the son." When the judge further inquired "And then what?" Sathe confirmed, "Then he will surrender." The court has scheduled the next hearing for 11 AM on Friday, with instructions for Gogawale to surrender before that time.
Background of the Mahad Violence Case
The case stems from violent clashes that erupted on December 2 between supporters of the Nationalist Congress Party (NCP) and Shiv Sena during the Mahad Municipal Council elections. Cross FIRs were filed naming Vikas Gogawale, his cousin Mahesh, and their supporters in one complaint, while the second complaint named Shreeyash Jagtap, son of former NCP MLA Manik Jagtap, and his supporters.
Vikas Gogawale's anticipatory bail plea was rejected by the High Court on December 23. In contrast, the court granted interim protection from arrest to Shreeyash Jagtap on December 29. The state government filed an affidavit on January 17 stating that despite best efforts by police, Vikas Gogawale could not be arrested.
Additional Concerns Raised
During the proceedings, Jagtap's advocate revealed that Mahesh Gogawale, who is also absconding, managed to file his nomination for Zilla Parishad elections through a proposer. This development further troubled the court about the functioning of the electoral and legal systems.
Justice Jamdar noted the concerning pattern: "The position on record clearly shows the rule of law in the state of Maharashtra is adversely affected." He questioned why the minister's statement about his son's whereabouts had not been officially recorded, asking "as to where is his son."
Court's Strong Observations
The judge made several pointed observations about the political dimensions of the case. "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," Justice Jamdar stated.
He also commented on the apparent limitations of executive authority, noting "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."
Justice Jamdar instructed Advocate General Sathe to take instructions "from the minister" and "the chief minister also" and inform the court by 5 PM. The judge asserted his independence, stating "I will pass an appropriate order. I will not be bound by any pressure... All are citizens. There are no special citizens."
Legal Proceedings Continue
The court was hearing the anticipatory bail plea of Shreeyash Jagtap when these developments unfolded. Justice Jamdar clarified that once Vikas Gogawale surrenders, Jagtap's protection from arrest would be withdrawn, indicating the interconnected nature of the cases.
Advocate General Sathe assured the court that the government would pursue the matter to a logical conclusion, mentioning that a non-bailable warrant would be issued if necessary. He defended the police efforts, stating "I'll show how many persons are deployed for this job. The SP is personally monitoring."
The case has drawn significant attention to the intersection of politics and law enforcement in Maharashtra, with the Bombay High Court's strong observations highlighting concerns about equal application of justice regardless of political connections.
