Bombay High Court Questions Maharashtra Government Over Delay in Arresting Minister's Son
The Bombay High Court on Thursday expressed grave concerns over what it termed an "adversely affected rule of law" in Maharashtra. The court sharply questioned the state government for its failure to arrest Vikas Gogawale, the son of cabinet minister and Shiv Sena MLA Bharat Gogawale. Vikas is named in cross-FIRs related to a violent clash between rival political groups during the Mahad Municipal Council elections in Raigad district last month.
Court's Strong Remarks on Rule of Law and Political Influence
Justice Madhav Jamdar, presiding over the single-judge bench, made pointed oral observations during the hearing. "He is a cabinet minister and his son is absconding and police are not able to arrest him. So, this is the position of rule of law in the state of Maharashtra?" the judge remarked. Justice Jamdar further questioned, "The Chief Minister is so helpless that he can't do anything?" emphasizing that the situation clearly indicates the rule of law is being compromised.
The judge noted the irony that Minister Bharat Gogawale, whose son is evading arrest, is scheduled to hoist the flag on Republic Day. "This minister is given that honour. Why?" Justice Jamdar asked, highlighting the apparent contradiction between the minister's public role and his son's legal predicament.
Government's Assurance and Legal Proceedings
Over an hour after the court's initial rebuke, Advocate General Milind Sathe, representing the Maharashtra government, informed the bench that the minister would contact his son and ensure he surrenders by Friday morning. The court had earlier asked the government lawyer to seek instructions from both the minister and the Chief Minister on the matter.
Advocate General Sathe submitted that multiple police teams were deployed to trace the accused, non-bailable warrants had been issued, and properties would be attached as per legal procedure. The court also noted that accused Mahesh Gogawale, Vikas's cousin, had filed a nomination for upcoming Zilla Parishad polls, which further irked the bench.
After taking instructions from Minister Gogawale, AG Sathe stated at 5 PM that the minister would connect with his son to facilitate his surrender. The court adjourned the matter to Friday, ordering it to be the first case heard and insisting on the surrender before proceedings.
Background of the Mahad Poll Clash Case
The case originates from an incident on December 2, 2025, during polling for the Mahad Municipal Council, when prohibitory orders were in force. Violent clashes erupted between supporters of the Shiv Sena (Eknath Shinde faction) and the NCP (Ajit Pawar faction). Cross-FIRs were registered against both groups on the same day.
- One FIR names Vikas Gogawale, Mahesh Gogawale, and others from the Shiv Sena faction.
- Another FIR was filed against Shreeyash Jagtap, son of former NCP MLA Manik Jagtap, and his supporters.
The NCP alleges that Vikas Gogawale and Sena supporters approached them on motorcycles, threatened them, and assaulted Jagtap's supporters at a polling booth. Conversely, the Sena faction claims that an NCP worker threatened to kill them and fired a pistol at the Gogawale cousins, which misfired, sparking the clash.
The Bombay High Court had previously denied anticipatory bail to Vikas Gogawale and others, describing the offences as "very serious" and noting their influence. Meanwhile, the court continued interim protection from arrest for Shreeyash Jagtap until Friday.
This case underscores ongoing tensions in Maharashtra's political landscape and raises critical questions about the enforcement of law and order, particularly when individuals with political connections are involved.
