DHANANJAY VITTHAL GAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The allegations in the nine FIRs registered against the applicant are similar to the effect that the applicant extorted money from the builders-complainants therein. The FIRs relate to the incident from 2015 to 2018. Complainants allege that, they were threatened by the applicant to demolish the buildings which were not in accordance with the planning guidelines or else to meet his illegal demands. It is alleged, the applicant, a sitting Corporator of Vasai-Virar Municipal Corporation sought information about different projects under the Right to Information Act and further alleged that the builders were threatened by taking recourse to the said information. It is prosecution's specific case that the applicant alongwith his associates obtained information in more than 500 cases under the Right to Information Act and misused the said information for extorting money from those who have been alleged of some breaches.

(2.) The learned Counsel for the applicant countered the prosecution's case and contended that the applicant is an RTI activist and in the year 2015, was elected as a Corporator of Vasai Virar Municipal Corporation. That during the period commencing from 31.03.2018 and 12.04.2018, ten crimes were registered against the applicant on the allegation of extortion from the builders and contractors. It is applicant's case that, he has been falsely and maliciously arraigned as accused in the multiple FIRs. It is argued that, the applicant being 'whistleblower' and exposed link between the high rank officials of municipal Corporation and builder lobby by filing Public Interest Litigations either himself or through his associates seeking demolition of unauthorised construction in the municipal area, police officials, municipal officers and the builder lobby hatched a conspiracy against the applicant by filing multiple FIRs in a span of a month. It is applicant's case that, since the applicant had successfully stalled the rampant unauthorized construction carried out in the Corporation area, the high rank officials of the Corporation and builders, as a counterblast engineered a conspiracy and filed the FIRs against him. It is specific case of the applicant that, those FIRS were lodged after the Superintendent of Police held a press conference inviting people at large to come forth and lodge complaints against the applicant. It is therefore contended, appeal by the Superintendent of Police, opened floodgates for false and concocted FIRs against him with reference to the incidents from 2015 to 2017.

(3.) In support of the contention, the learned Counsel for the applicant, has relied on orders passed by this Court in various PILs filed by himself or through his associates and other activists against the illegal construction carried out in the area of the Municipal Corporation. Submission is that, after orders were passed in Public Interest Litigation, the buildings unauthorisedly constructed, were ordered to be demolished which irked the builder lobby and high rank officials of Municipal Corporation. In short all the FIRS smacks malafides and arbitrariness.