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‘Charges against Vilasrao beyond Marine Drive police jurisdiction’

Author: Staff Reporter
Publication: The Hindu
Date: July 24, 2012
URL: http://www.thehindu.com/news/national/article3675790.ece

Charges against Union Minister Vilasrao Deshmukh regarding misuse of power for allegedly protecting a politician and his money-lender father in Buldhana district could not be investigated due to “want of jurisdiction,” the Marine Drive Police station told a local court here on Monday. The court had directed the police station to investigate charges against the Minister on the basis of a private complaint filed by social worker Abdul Malik Chaudhary.

“It is pertinent to note that no offence under any of the aforesaid sections [Sections 341, 342, 363, 386, 392, 506, 34 of the Indian Penal Code read with Section 32(b) of the Moneylenders’ Act] took place in Mumbai and therefore no cause of action has arisen in Mumbai to entertain the said complaint,” the report submitted by the police station stated.

Moreover, it stated that all the allegations were regarding offences “committed in the jurisdiction of Buldhana district. Therefore, the facts of the case clearly reveal that the ‘cause of action’ has arisen at Buldhana district and not in Mumbai. Therefore, for want of jurisdiction this complaint is not maintainable.”

Mr. Chaudhary had told the Marine Drive police that Member of Legislative Assembly Dilipkumar Sananda and his father Gokulchand Sananda harassed poor farmers who did not get any justice in Buldhana.

“All the necessary information regarding the cases registered in Buldhana district against Mr. Gokulchand Sananda and others were obtained from the office of the Superintendent of Police and all the cases were studied. It was noticed that seven cases were registered at various police stations of Buldhana district against Mr. Sananda and others and all are subjudice,” the report stated.

“From the inquiry, it has transpired that the complaint is based on newspaper reports and the judgments of the Honourable High Court, Nagpur Bench, and the Honourable Supreme Court and not on the complainant’s personal knowledge,” it further said, doubting the complainant.

The reply stated that the since the Buldhana police were already investigating six cases against the father-son duo, the complaint regarding non-registration of cases against the family members of MLA Dilipkumar Sananda was “uncalled for.”

The complainant Mr. Chaudhary had stated in his complaint that in 2006, when Mr. Deshmukh was the Chief Minister, he used his constitutional powers illegally to protect the Sanandas from police action.

“We have said in our private complaint that the Sanandas were interested in illegal land grabbing. They are into money-lending business in Buldhana. Moneylenders have to take various permissions for their business, but they did not take all the necessary permissions,” advocate Ashish Giri, lawyer for the complainant, said.

“There were a lot of farmer suicides in the region and there were complaints against the Sanandas. Dilipkumar Sananda was the Member of Legislative Assembly from that area at that time. He sought Mr. Deshmukh’s help. Mr. Sananda and Mr. Deshmukh held a meeting with the Collector and directed him to issue an order to the Superintendent of Police stating that no complaint should be registered against the Sananda family,” he said.
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