The Supreme Court on Friday ordered the Maharashtra police to carry out further investigation against Jitendra Awhad, NCP leader and then sitting Cabinet Minister on a complaint by a civil engineer who was "ruthlessly and mercilessly" beaten up on April 5, 2020 at the MLA's premises for criticising him in a Facebook post for act of ridiculing the Prime Minister of India.
A bench of Justices M R Shah and C T Ravikumar allowed in part an appeal filed by the victim, Anant Thanur Karmuse against the Bombay High Court's order of April 26, 2022 for "fair investigation and trial", saying the High Court has committed "a very serious error" in not ordering the State police agency to further investigate into the case.
The court, however, rejected his plea for transferring the case to the CBI.
"We direct/permit the State agency to further investigate into the FIR and on what aspects the further investigation shall be carried out is left to its wisdom. It is to be carried out and completed as early as possible, preferably within three months," the bench said.
The court noted that the former Minister was named as accused only in the second supplementary charge sheet in the month of March, 2022 and not prior to that when the first charge sheet, the supplementary chargesheet were filed and even when the charges against the other accused were framed.
However, "mere filing of the charge sheet and framing of the charges cannot be an impediment in ordering further investigation / re-investigation / de novo investigation, if the facts so warrant," the bench said.
The court also pointed out there was no proper investigation into the case and the state agency, which opposed the petition before the High Court, admitted after the change of the government in the state, that further investigation is still required on certain aspects.
The petitioner contended though the name of Awhad, then Minister and his other men were disclosed in the FIR and a clear case of kidnapping and causing grievous hurt was alleged, no FIR was lodged against him and his other men.
It was only after various orders were passed by the High Court in the pending writ petition that Awhad was made an accused after a period of two years of the incident.
According to the appellant, at around 11.50 pm at night on April 5, 2020, four Policemen, two dressed in civilian dress and other two in uniform came to his residence and forcibly took him to the Bungalow of the said Minister at Thane. The then Minister then allegedly instructed his men to beat him and make him apologies for circulating the said viral picture and threatened him to delete the post immediately. Thereafter, an ally of the Minister allegedly called the appellant on his number as he left his phone in his house and told his wife to delete the controversial post. According to the appellant, he was mercilessly and ruthlessly beaten up by the police personnel present at the premises of the Minister.