Body bags case: HC grants interim protection from arrest to ex-mayor Kishori Pednekar

A single judge bench of justice NJ Jamadar granted interim protection to Pednekar observing that prima facie there was no material against her and posted her plea for pre-arrest bail for further hearing after four weeks. The bench has, however, asked the former mayor to attend EOW and cooperate with the investigation in the meantime

MUMBAI: The Bombay high court (HC) on Wednesday granted interim protection from arrest to Shiv Sena (UBT) leader and former city mayor Kishori Pednekar in connection with the FIR registered by the Economic Offences Wing (EOW) of the Mumbai police over alleged irregularities in purchase of body bags for Covid-19 victims by the BMC.

Mumbai, India - November 25, 2020: Mumbai Mayor Kishori Pednekar during an interview at Mayor bungalow, Byculla in Mumbai, India, on Wednesday, November 25, 2020.(Photo By Pratik Chorge/Hindustan Times) (Pratik Chorge/HT PHOTO)

A single judge bench of justice NJ Jamadar granted interim protection to Pednekar observing that prima facie there was no material against her and posted her plea for pre-arrest bail for further hearing after four weeks. The bench has, however, asked the former mayor to attend EOW and cooperate with the investigation in the meantime.

According to EOW, Pednekar, unknown public servants and private persons hatched a conspiracy and defrauded the Brihanmumbai Municipal Corporation (BMC) to the tune of ₹49,63,200 after purchasing body bags from M/s Vedanta Innotech Private Limited (VIPL) at an inflated rate during the pandemic.

Pednekar approached the HC through advocate Rahul Arote after a sessions court last week rejected her anticipatory bail plea on the grounds that she was accused of an economic offence involving a large amount of public money.

The prosecutor, appearing for the police, said the investigating officer was present in the court and that the police would not take any coercive action against Pednekar till Wednesday. The court then posted the matter for hearing on Wednesday.

In her plea, Pednekar claimed that she had been falsely implicated in the case and there was no material to indicate that she was in any way connected to the firm alleged to have been given the contract.

“The complaint has political overtures and it is evident from the fact that only after a split in Shiv Sena, it was lodged against the applicant who was then a mayor, and is affiliated to Udhav Thakare faction,” the plea said and added that complainant Kirit Somaiya, a BJP leader, was a habitual complainant, and had a history of targeting politicians who did not owe allegiance to his party.

Police claimed that Pednekar called BMC official Haridas M Rathod to her residence and pressured him to award the contract to a specific entity.

Refuting the allegations, Pednekar’s plea said, “Dr Rathod was only a medical officer and during Covid-19, he was given the additional charge of deputy dean of the central purchase department. He had no authority to either propose or issue the purchase order on May 15, 2020, for the supply of 1,000 body bags in favour of M/s Care One Solutions. The said decision was taken by a committee of BMC.”

The police claimed that this contract was cancelled, and a fresh contract was awarded to VIPL. They also alleged that VIPL had supplied body bags to BMC at ₹6,719 a piece against the earlier price of ₹2,583.