*By Bapu Deedwania*
* Posted On Thursday, April 01, 2010 at 03:07:06 AM*
Gangster Ravi Pujari and his associate Kishore Bhavangir, who are wanted in
several cases by Mumbai police, are a threat not just to the common man but
to the cops as well. At least that is what crime branch officials have to
say in a Right to Information (RTI) case.
Richie Sequeira, president of Protection of Rights Association (PORA) had
filed a Right to Information (RTI) application seeking the names of police
officials who cleared the proposal to prosecute a builder Mahendra Agarwal
under the Maharashtra Control of Organised Crime Activity (MCOCA). Agarwal
was acquitted by the Sessions Court in the case in March 2009.
In response to this application, the police took refuge under the provisions
of RTI that states that information which endangers lives must be denied.
The RTI order states, “Even though Agarwal has been discharged under MCOCA
by the court, Ravi Pujari and his associate Kishore Bhavangir are still
wanted. The information might hamper the investigations and might endanger
lives.”
Sequeira said, “I don’t understand why names of police officers cannot be
given out. If the officers themselves fear for their lives from gangsters
like Pujari and Bhavangir how can the common man feel safe in this city?”
“I asked if the officers had used their mind before applying the stringent
MCOCA against the builder,” said Sequeira, holding the copy of his
application which confirms his claim.
After public information officer of crime branch in June 2009 denied
Sequeira the information on the grounds that it would endanger lives,
Sequeira challenged the decision. The crime branch officials maintained
their stand when the appeal came up before the RTI appellate authority.
Sequeira has made a second appeal in the matter only to be disappointed.
“The order in this appeal records that I was present at the time of the
hearing of this appeal but, in fact, I was not. I have moved an application
before the chief information commissioner to make corrections.”
Inspector S J Shivalkar, a public information officer from the crime branch,
who deposed in the matter, said, “It would be inappropriate for me to talk
about this. All I can say is that my name has wrongly come into this
order.”
The State Government on Tuesday has sought retrial in the MCOCA case
involving Mahendra Agarwal, who is also president of the Indian Squash
Association, saying that the prosecution was not given enough time and that
13 witnesses were examined by the court in the absence of the prosecution.
A division bench of Justice B H Marlapalle and Justice Mridula Bhatkar
admitted the appeal filed by the state for final hearing.
A writ petition filed by Agarwal has not been admitted but tagged along with
the state appeal. Agarwal claims he was falsely implicated by police at the
behest of a rival builder.
* Case against Agarwal *
Mahendra Agarwal
In 2006, Andheri resident Brijlal Tiwari alleged that he was being
threatened by Ravi Pujari to disassociate from an SRA project at Mulgaon in
Andheri. Tiwari added that Pujari wanted Vertex Developers, in which
Mahendra Agarwal is a partner, to take over the project instead. He had even
alleged that he received threatening calls on his mobile from Pujari while
at the builder’s office.
Crime branch registered a case against Agarwal and six others in 2006. Then
Joint Commissioner of Crime Branch Meeran Borwankar sanctioned the
invocation of the stringent MCOCA against these seven. All the accused,
except Pujari, were arrested. Pujari was not traceable. Agarwal was arrested
on July 5, 2006 and released on bail after he spent 65 days behind bars.
However, in March 2009, special judge M P Kukday said there was no evidence
to suggest any organised crime and that the matter was a tussle between
Tiwari and the accused to grab development rights. The court said the
prosecution failed to prove the links between the two parties.
Anilkumar BVN
