Court refuses to accept chargesheets filed a year later against Patole, Narvekar

Mumbai court rejects Marine Drive police's late chargesheets against political leaders for lockdown protests, citing poor excuses for delay.

MUMBAI: Criticising the Marine Drive police for giving a lame excuse, the metropolitan magistrate’s court in Girgaum recently refused to accept chargesheets filed one-and-a-half year later against several political leaders, including BJP and Congress politicians, for organising demonstrations amid Covid lockdown in February 2022.

Court refuses to accept chargesheets filed a year later against Patole, Narvekar

The Marine Drive police gave a reason for the delay citing that they were busy in “bandobast duties” for IPL matches, assembly sessions and Prime Minister’s visit to the city, which the court refused to accept.

In February 2022, Maharashtra Congress president Nana Patole, assembly speaker Rahul Narvekar and several other Congress and BJP leaders were booked by the Marine Drive police for holding demonstrations and protests amid the Covid-19 lockdown which was in breach of prohibitory orders and failing to adhere to mandatory safe distance policy.

Metropolitan magistrate Shrikant Nimse said under the prevailing law, delay can be condoned if it is properly explained, or it is necessary to do so in the interest of justice. “In the current matter, there is a delay of almost one year and six months and the reason given for that delay is the bandobast for IPL matches, assembly bandobast and bandobast for the PM’s visit. It is a very lame excuse to condone the delay of one year and six months,” said Magistrate Nimse.

The court noted that the political leaders were booked under section 269 (a negligent act that is likely to spread a dangerous disease) of the Indian Penal Code, sections 37(1) (Public speeches or shouting) and 135 (disobedience) of Maharashtra Police Act and section 51(B) (refusal to comply with government directions) of Disaster Management Act and the maximum punishment provided for the offences was one-year imprisonment.

The court said the incident occurred on February 9, 2022, and the limitation for filing the chargesheet ended on February 9, 2023, whereas the chargesheets were filed in late August 2024 along with the plea for condonation of delay – around one-and-half year after the due date.