Explain action taken in DA case against Eknath Khadse in 3 weeks, Bombay HC to Maharashtra govt

Bombay High Court has given Maharashtra government 3 weeks to show what steps it took against Eknath Khadse, against whom corruption charges were levelled by activist Anjali Damania.

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Eknath Khadse.
Eknath Khadse.

In Short

  • Damania had filed a PIL, alleging that Khadse had amassed huge wealth.
  • Property of Khadse is disproportionate to known sources of income, the PIL said.
  • There should be a probe by a special investigation team, the PIL added.

The Bombay High Court has asked the Maharashtra government to inform it in the next 3 weeks what steps it has taken in the last 10 months against former BJP Minister Eknath Khadse, against whom corruption allegations were levelled by activist Anjali Damania.

Damania and others had filed a Public Interest Litigation (PIL), alleging that Khadse had amassed huge wealth. The property owned by Khadse and his relatives is thoroughly disproportionate to the known sources of income, the PIL had said. It added that there should be a probe by a special investigation team. In response to this, Khadse had filed a petition in March this year for the dismissal of the PIL on the ground that it was not tenable.

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The division bench of Bombay High Court headed by Justice B R Gavai asked, "Could this court justify in closing its eye to the serious allegations made against persons holding public office? If we find that the state has taken requisite steps, this court may not find it necessary to continue the PIL. But if we find that the state has failed to take necessary steps, we will have to ask why this court must remain a silent spectator to serious allegations made against Khadse in the affidavit?"

Justice Gavai emphasised that it was the constitutional duty of the court to ensure justice.

WHAT KHADSE's LAWYER SAID

Khadse's lawyer Darius Khambata told the court that the petitioners had not approached the court in a fair manner. "Their intentions are malafied, and their petition is of the nature of political vendetta. They are really not interested in a police investigation and for them publicity is more important so they put it on social media", Khambata told the court.

Khambata said that one of the petitioners in the PIL against Khadse was actually a member of the Shiv Sena while claiming that he was only a "concerned citizen of Jalgaon". "The other petitioners who call themselves anti-corruption crusaders were either former members of the Aam Aadmi Party (AAP) or are connected to organisations which are related to AAP," Khambata added. Khambata also told the court that petitioners should have, like common citizens, approached the police to register an FIR and if the cops did not, the citizens should have filed a private complaint before a magistrate. "But instead what they do is that they go to the media and put everything on social media. They also do not have any confidence in the court", he said.

ACCOUNT OF DAMANIA's LAWYER

Mihir Desai, senior advocate representing Anjali Damania, told the court that that they did make representations to the police, asking for an FIR to be registered. "We made representations on November 10, 2016 and only after that filed a public interest litigation." Desai told the court that as far as the declaration of defamation cases against Damania was concerned, there were 27 separate cases filed against her by Khadse's followers. "Not a single case has been filed by Khadse himself and I believe one has already been dismissed. But it was only after we filed the PIL that we got a notice about the cases being filed. As of today, we have received only 3 notices", Desai told the court.

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He added, "One of the complainants is from the Shiv Sena but only a small worker. He is not a leader. An important thing to look into is the issue." Desai showed various Supreme Court orders to prove the same. He also told the court that Damania and others were a part of AAP before 2014 but not after that.

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