Bombay HC Stays Investigation Into Vidhan Bhavan Brawl, NCP Leader Claims Case Politically Driven

Mumbai: The Bombay High Court on Wednesday stayed the investigation into a case arising from a scuffle inside the Maharashtra Assembly premises involving supporters of BJP MLA Gopichand Padalkar and the Sharad Pawar-led NCP faction, including former state cabinet minister Jitendra Awhad.

### Interim Protection Granted to NCP Member

A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, on October 1, restrained the Investigating Officer from proceeding further with the probe into the July 18 FIR registered at Marine Drive police station. This interim protection will continue until the petition is decided.

### Petition Filed Against Alleged Political Targeting

The court was hearing a plea filed by Nitin Hindurao Deshmukh, a member of the Pawar faction of the NCP. Deshmukh had been arrested in connection with the case but was granted bail by a magistrate on July 21.

His advocate, Rahul Arote, argued that the case was “baseless and politically motivated” and sought the quashing of the FIR. The plea alleged that the FIR was lodged with mala fide intent, asserting that the only claim against Deshmukh was that he had engaged in a quarrel and allegedly manhandled policemen who tried to intervene.

### Legal Arguments on Applicability of Charges

The petition emphasized that there was no allegation of assault or obstruction that could attract Section 132 of the Bharatiya Nyaya Sanhita (BNS), which penalizes assault on public servants. It also questioned the applicability of charges relating to unlawful assembly, affray, and use of criminal force, citing the absence of evidence indicating a common object or violent clash.

“At most, there was commotion and verbal altercation during the protest,” the plea stated.

### Entry with Valid Pass Highlighted

Deshmukh’s legal team further highlighted that he had entered the high-security Vidhan Bhavan with a valid entry pass, undermining any claims of unlawful intent.

The Bombay High Court has listed the matter for further hearing on November 12.

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