Mumbai: No evidence says court, acquits 21 accused in 2018 protest at BMC D Ward office | Mumbai News

Mumbai: A sessions court on Monday acquitted 21 individuals, including political party functionaries and activists, who were accused of unlawful assembly, rioting, assault on public servants, and damage to government property during a 2018 protest at the BMC’s ‘D’ Ward office. Additional Sessions Judge MRA Shaikh said that prosecution had failed to establish the guilt of the accused persons beyond a reasonable doubt. The incident, which took place on Aug 6, 2018, involved a mob, allegedly affiliated with the Maharashtra Navnirman Sena (MNS) and Shiv Sena, protesting the new online permission system introduced by the Brihanmumbai Municipal Corporation (BMC) for Ganesh Utsav mandals to erect pavilions and stages. The witnesses could not identify the accused. “..prosecution has failed to establish the guilt of the accused persons beyond reasonable doubt, as no witness specifically deposed against any of the accused… A general allegation that the accused persons unlawfully assembled and obstructed the witnesses while discharging their duties is insufficient to hold the accused persons guilty,” the judge said.The judge further said that it appears that the prosecution has entirely failed to establish the chain of evidence in this matter. According to the prosecution, a BLC Ward senior security officer complained to the police stating that between 10.30 am and 11 am, the accused and an estimated 20–25 activists unlawfully assembled at the ward office, raising slogans. The mob reportedly surrounded a BMC assistant commissioner andengaged in a heated argument, and later attempted to forcibly enter a conference hall where he was scheduled for a meeting. The protest escalated when agitated activists allegedly forcibly entered the offices of the assistant commissioned and executive engineer, where they reportedly “disturbed official documents” and “threw chairs outside the office premises, thereby causing damage to government property.” Security guard Dilip Khandekar was also alleged to have sustained an injury to his left hand while attempting to prevent the entry. The police were called to the scene and dispersed the crowd, taking several activists into custody. The accused were charged under sections of the Indian Penal Code, the Prevention of Damage to Public Property Act, the Criminal Law Amendment Act, and the Maharashtra Police Act.In their defence, the accused, represented by advocates Chetan Bane and Jitendra Mishra, argued that the evidence was insufficient and unreliable. The defence also ointed to the prosecution’s unexplained failure to produce available CCTV footage. The judge said, “When CCTV footage was available with the prosecution, the reason for not producing the same on record remains unexplained. This omission constitutes a material lacuna on the part of the prosecution in bringing home the guilt of the accused persons.“