HC refuses bail to politician, says right to contest elections not a fundamental right

The Bombay High Court denied interim bail to BJP leader Digambar Agawane, facing serious charges, including fraud and attempted murder.

MUMBAI: The Bombay High Court on Thursday denied interim bail to BJP leader Digambar Agawane, who is facing serious criminal charges, including fraud and attempted murder. Agawane was arrested in January for allegedly tricking investors into funding his fake companies and obtaining large loans. The Enforcement Directorate (ED) has been investigating him based on numerous complaints.

HC refuses bail to politician, says right to contest elections not a fundamental right

Agawane argued that he was being falsely accused by a political rival who he claimed orchestrated these cases against him. He also maintained that he has the right to contest the upcoming Maharashtra Assembly elections, citing a Supreme Court ruling that allowed former Delhi chief minister Arvind Kejriwal to campaign while on bail.

Despite his arguments, the court pointed out that the right to contest elections is not a fundamental right and noted that Agawane could still run for office from jail.

The Special Public Prosecutor opposed Agawane’s bail request, emphasising his extensive criminal history and the seriousness of the charges against him. The prosecutor argued that Agawane needed to prove he would not commit further crimes to qualify for any bail under the Prevention of Money Laundering Act (PMLA).

Justice Pitale noted the serious charges against Digambar Agawane, including those under the Maharashtra Protection of Interests of Depositors (MPID), Maharashtra Control of Organised Crime Act (MCOCA), and the Maharashtra Money Lending Regulation Act (MMLR).

Justice Pitale emphasised that Agawane is not a chief minister or a prominent leader of a national party, and that the right to contest elections is not a fundamental right. Therefore, the judge rejected Agawane’s request for interim bail.