Bombay high court relief for MNS workers who thrashed hawkers after Elphinstone Road stampede
After the Elphinstone Road railway station stampede that claimed 23 lives, MNS workers across the city and suburbs thrashed hawkers on railway station premisesmumbai Updated: Nov 16, 2017 21:00 IST
The Bombay high court (HC) on Thursday restrained the police from taking action against seven Maharashtra Navnirman Sena workers, who allegedly thrashed hawkers outside Thane railway station and vandalised their stalls.
A division bench of justice Ranjit More and justice Shalini Phansalkar-Joshi directed the police not to take action till Monday, when the petition filed by the workers will come up for hearing.
The bench issued the restraint after noticing that sections 110(d) and 110(e) of the Criminal Procedure Code, as invoked by the police, were not applicable to the case. Counsel for the petitioners, advocate Rajendra Shirodkar, submitted apart from unreasonably high bond amounts, the petitioners have challenged the notices for chapter proceeding on grounds that sections invoked by police – 110(d) and 110(e) - were not applicable.
Shirodkar pointed out that both the sections can be invoked only against “habitual offenders” and as only two offences and both in connection with the same incidents have been registered against the petitioners, the sections could not have been invoked against them.
After the Elphinstone Road railway station stampede that claimed 23 lives, MNS workers across the city and suburbs thrashed hawkers on railway station premises, ransacked their stalls and destroyed their goods. The seven petitioners allegedly acted as part of the MNS drive and assaulted hawkers outside Thane railway station on October 21.
On the same day, FIRs were registered against them at Naupada and Thane Nagar police stations in Thane. On the basis of the FIRs, the special executive magistrate issued notices asking Avinash Jadhav to show cause why he should not be asked to submit bond of Rs1 crore. Others were asked to show cause against a bond of Rs25 lakh each for assurance of good conduct.
First Published: Nov 16, 2017 20:59 IST