Kolhapur Bench Grants Interim Relief to NCP Candidate Ahead of Municipal Polls
The Bombay High Court's Kolhapur bench stepped in on Monday to provide temporary relief. It granted an ad-interim stay until January 17 to NCP candidate Aazam Mohammad Kazi and his authorized representative Ramesh Ashok Kunjuri. This decision enables them to effectively participate and contest the upcoming election for the Sangli Miraj Kupwad municipal corporation, which is scheduled for January 15.
Externment Order Issued by Sangli SP
Sangli Superintendent of Police Sandip Ghuge had passed an order on January 8. This order externded Kazi, who is 42 years old, and seven other individuals with criminal records, including Kunjuri, from both Sangli and Kolhapur districts. The externment was set for a duration of one year.
According to the details of the externment, Kazi is the son of former corporator Raziya Kazi. He, along with his relatives, allegedly formed what is known as the 'Kazi Gang'. The police had booked them for serious offenses, including attempted murder. Authorities claimed they posed a significant threat to public law and order in the region.
Police Proposals and Legal Challenge
Both the Sangli and Kolhapur police units had submitted externment proposals to SP Ghuge. In response, Kazi and Kunjuri approached the High Court seeking relief. They argued that the externment order unfairly restricted their ability to engage in the democratic election process. They requested the court to grant them the liberty to participate fully in the upcoming polls.
Aazam Kazi is contesting from ward number 6 of the Sangli Miraj Kupwad municipal corporation. He is running on an NCP ticket. The externment order required him to leave the district last Friday at midnight, just days before the election.
Court's Observations on Criminal Cases
The High Court bench, comprising Justice R G Avachat and Justice Ajit B Kadethankar, carefully examined the cases against Kazi. They noted that out of the five crimes involving him, Kazi had been acquitted in three. In another case, the police had filed a report under section 169 of the Code of Criminal Procedure.
This section allows the police to release an accused person if, after investigation, they find insufficient evidence or reasonable grounds of suspicion to justify sending the case to a Magistrate. The person is then required to sign a bond to appear if summoned later.
The bench pointed out that only one crime remained, which dates back to the year 2024. They emphasized that while the petitioners have the remedy of filing an appeal before the Divisional Commissioner, the court decided to entertain the petition to a limited extent. This was because the liberty of the petitioner and their rights under Article 19 of the Constitution of India were at stake.
Consideration for the Second Petitioner
Regarding the other petitioner, Ramesh Kunjuri, the bench noted that there are two crimes registered against him. One is from 2024 and the other from 2025. The learned counsel for the petitioners argued that there were reasons to suspect mala fides in passing the externment order.
Taking all these factors into account, the bench granted the ad-interim relief until January 17. This temporary stay allows both Kazi and Kunjuri to continue their election activities without the immediate threat of externment.
