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2021 Supreme(Bom) 26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP K. SHINDE, J.
Dhananjay Vitthal Gawade - Appellant
Versus
The State of Maharashtra Through Superintendent of Police Crime Investigation Department - Respondent
Anticipatory Bail Application (ST.) Nos. 4917 of 2020, 4931 of 2020 to 4934 of 2020, 465 of 2020 to 467 of 2020, 481 of 2020 alongwith Writ Petition (ST.) No. 2667 of 2020
Decided On : 07-01-2021

Advocate Appeared:
For the Appellant :Shekhar Jagtap a/w. Sairuchita Chowdhary i/by. J. Shekhar & Co., Atul Damle, Senior Counsel i/by. Vinay Shukla, Advocates.
For the Respondent:Prajakta Shinde, APP, P.I. Subhan Shaikh, Nanaware, Sonawane, Chirlekar, Advocates.

The court emphasized the seriousness of the allegations, the applicant's deliberate concealment, and his complicity in the offenses as the basis for its decision.

Headnote:

Whistleblower - Extortion Allegations - Indian Penal Code, Indian Arms Act - The court declined to quash the FIRs against the applicant, citing serious allegations requiring thorough investigation. The Division Bench transferred the cases to the State CID. The applicant was found to be deliberately concealing himself, and the court noted his complicity in serious offenses. The court dismissed the Writ Petitions and rejected the request for continuing interim protection.

Fact of the Case:

The applicant, a Corporator, faced allegations of extortion from builders and contractors. He claimed to be a whistleblower exposing corruption and conspiracy by high-ranking officials and builders. The Division Bench declined to quash the FIRs, and the applicant was found to be deliberately concealing himself.

Finding of the Court:

The court found the allegations serious, requiring thorough investigation. It noted the applicant's complicity in serious offenses and dismissed the Writ Petitions, rejecting the request for continuing interim protection.

Issues: Allegations of extortion, deliberate concealment by the applicant, and the court's consideration of the seriousness of the allegations.

Ratio Decidendi: The court's decision was based on the seriousness of the allegations, the applicant's deliberate concealment, and his complicity in the offenses.

Final Decision: The Writ Petition and applications were dismissed and rejected, and the request for continuing the interim protection was declined and rejected accordingly.

JUDGMENT :

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.

4. Before adverting to the contentions raised by the Counsel and the prosecutor, it may be stated that the applicant had filed 10 writ petitions before this Court seeking quashment of the First Information Reports, registered against him by the builders, alleging extortion by the applicant. The nine anticipatory bail applications and one writ petition before me, are in connection with the same FIRs of which the quashment was sought by the petitioner. These writ petitions were heard and disposed off by the Division Bench on 11.10.2018. It appears, Division Bench, upon reading the FIRs and the report submitted by the Superintendent of Police dated 9.10.2018, declined to quash the FIR in view of the serious allegations levelled against the applicant, requiring thorough investigation. Thus observed, “Looking to gravity and seriousness of the allegations levelled against the

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