The Bombay High Court on Thursday directed the Mumbai police commissioner to consider prosecution of BMC officials implicated in the Sara-Sahara illegal construction case under MCOCA on the basis of prima facie evidence.

The officials include Rajendra Vale, a deputy commissioner with the Municipal Corporation of Greater Mumbai, Devnath Kurmi, the then executive engineer and Assistant Engineer D G Tambulwadkar. The judgement passed by a division bench of Justice B H Marlapalle and Justice Roshan Dalvi states that the closing of the case against the three officials has resulted in the miscarriage of justice. The court has granted time till December 15 to consider the matter.

The court has observed that while the investigating officer ACP Shankar Kamble, along with special public prosecutor and the DCP had expressed that there was sufficient evidence against the officials, the then joint commissioner of police had opined that there was no material to file a chargesheet.

The court also observed that the record does not indicate that commissioner of police had reconsidered the case of the BMC officials.

In the judgement, Kamble’s statement has been reproduced which stated that the then home minister had asked him to go slow in the case. Kamble deposed that he did not complain because the commissioner of police was aware of it.

Former journalist Ketan Tirodkar had filed the petition seeking prosecution of NCP leader and state PWD minister Chhagan Bhujbal for allegedly shielding Vale in the case.

Tirodkar’s petition is based on the revelation of Kamble during the trial that Vale was not arrested despite evidence because Bhujbal, the then state home minister, had allegedly instructed not to arrest him.

... contd.