BJP MLA from Bandra, Ashish Shelar. (File) The Bombay High Court on Thursday orally suggested that BJP MLA Ashish Shelar and Brihanmumbai Municipal Corporation (BMC) mayor Kishori Pednekar may resolve the issues between them “amicably” as both parties hold “responsible posts” while hearing a plea by the MLA seeking to quash an FIR against him for allegedly making objectionable remarks targetting the mayor.
The Mumbai police, meanwhile, assured the division bench of Justice Prasanna B Varale and Justice Anil S Kilor that they would not undertake any exercise pursuant to the lodging of FIR, including the filing of chargesheet, against Shelar till the next date of hearing two weeks later, which the court accepted.
Shelar had last month approached the high court after he was booked by the Mumbai police for allegedly outraging the modesty of mayor Pednekar during a press conference on November 30.
Shelar slammed the mayor for her alleged delayed response in reaching out to the victims of the cylinder blast in Worli. He asked if Pednekar had been sleeping for 72 hours. His mention of the word ‘sleeping’ evoked sharp reactions from ruling parties.
On December 8, Pednekar approached the Marine Drive police station, following which a case was registered under sections 354 (A) (4) (sexual harassment) and 509 (word, gesture or act intended to insult the modesty of a woman) of the IPC.
Shelar, in his plea filed through advocate Rizwan Merchant, claimed that the FIR filed against him is “blatantly false, vexatious, frivolous, concocted and a product of abuse of process of law”.
In his petition, Shelar said: “The officials of the ruling party are trying to unnecessarily amplify said statement in furtherance of their agenda against earnest workers of the BJP. The registration of the present FIR is nothing but a result of members of the ruling party interpreting a simple word of Marathi and blowing the same out of proportion.” Shelar sought to quash and set aside the FIR and pending a hearing of his plea.
On Thursday, Merchant sought an interim relief stating that his client is active in public life and sitting MLA representing Bandra (West) constituency for two consecutive terms and he had merely held a press conference on an unfortunate incident at Worli, expressing anguish.
“If any action pursuant to the report is initiated against my client, he will be subjected to serious prejudice,” Merchant argued.
The bench orally remarked, “Considering factual scenario, the petitioner is MLA (and) the respondent is also holding responsible position in these trying Covid-19 times. She is also representing the entire city of Mumbai… Why do you not solve it amicably, it will not send a good picture (in public). As a representative. You have liberty to take issues of public importance and being a respectable and sensible person, the better choice of words is also expected. Such incidents do occur in public life. Responsible persons are also expected to have a choice of words.”
After additional public prosecutor JP Yagnik for the state police gave an assurance to the court that no steps will be undertaken pertaining to the FIR including the filing of the chargesheet, the bench issued notice to the respondents and posted further hearing after two weeks.
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