The Bombay High Court denied bail to ex-BJP MLA Ganpat Gaikwad in the police station firing case involving a Shiv Sena leader, observing, “Liberty can’t be a passport for serious crimes” while refusing relief.
The Bombay High Court denied bail to former BJP MLA Ganpat Gaikwad, who was arrested for allegedly shooting at Shiv Sena leader Mahesh Gaikwad inside a police station last year.
The court described the incident as shocking and unacceptable in a civilized society.
Justice Amit Borkar, in his ruling, emphasized that the matter involved more than just gunfire.
He noted that the prosecution alleges Ganpat Gaikwad, upon realizing the victim was still alive, sat on his chest and struck him with the butt of the revolver.
The court stated,
“Such an act, if taken to be true, demonstrates not only an intention to kill but also reveals the applicant’s (Ganpat Gaikwad) determination to ensure fatal consequences, irrespective of the location and presence of police officers,”
The court remarked that any violence occurring within a police station cannot be treated lightly, as it undermines public order and security. It characterized the alleged offense as not only heinous but also reflective of a complete disregard for the rule of law and safety.
This incident was described as “shocking,” taking place in a police station, which is designed for public protection and upholding the rule of law. The court noted that a public representative engaging in such behavior signifies a blatant disregard for legal norms and instills fear and intimidation among citizens.
The High Court asserted,
“A police station is not a battlefield, and an ordinary citizen, more so a former MLA, is not expected to visit a police station carrying a weapon, unless there is a deliberate intention to use it,”
The court further stated that as a public figure, Ganpat Gaikwad should demonstrate restraint and respect for law enforcement institutions.
Justice Borkar added,
“The entire incident took place inside a police station, a place meant for enforcing law, offering safety and to ensure that disputes are resolved peacefully under due process,”
He emphasized that acts of violence within a police station strike at the very foundation of the rule of law.
The court warned,
“Such actions, if unchecked or viewed leniently at the bail stage, may seriously erode public confidence in law enforcement agencies and in the justice delivery system,”
Justice Borkar highlighted that the incident did not occur in private or as a sudden flare-up but in a controlled, official environment, making it all the more shocking and unacceptable.
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The court also rejected bail applications from Ganpat Gaikwad’s bodyguard Harshal Kene and associates Kunal Dilip Patil and Nagesh Deepak Baderao, who were alleged to have aided and facilitated the attack.
The court noted that this incident threatens the very fabric of law and order. If such conduct were condoned or treated leniently during the bail process, it could send a negative message to society and undermine public faith in the legal system.
While denying Ganpat Gaikwad’s bail, the court pointed out that his wife is currently a sitting MLA, suggesting that her political stature could create an atmosphere of fear and pressure on witnesses. The case was characterized as not merely a personal or political conflict but as one that shakes the foundations of the rule of law.
The High Court concluded,
“While liberty of a person is precious, it cannot be allowed to be a passport for commission of serious crimes,”
According to the prosecution, on February 2 of last year, members of two rival political groups gathered at Hill Line Police Station in Ulhasnagar, Maharashtra, seeking the registration of criminal cases against one another.
During the incident, as both factions argued, Ganpat Gaikwad allegedly pulled out a revolver and fired at Mahesh Gaikwad, with one of the Shiv Sena leader’s associates also being injured.
The accused face charges of attempted murder and unlawful assembly with the intent to instill terror within the police station.