NCP(SP) MLA Jitendra Awhad discharged in 2016 assault, unlawful assembly case

Pune, Oct 17 (PTI) A sessions court here has discharged NCP (SP) MLA Jitendra Awhad in a 2016 case related to a violent clash at Fergusson College in the city, holding that there was no prima facie evidence against him.

Additional Sessions Judge A S Gandhi passed the order on October 13 while allowing Awhad's criminal revision plea challenging the August 22 order of the Judicial Magistrate First Class (JMFC), which had rejected his discharge application.

The sessions court held that the magistrate's order was "not legal, proper and correct".

"The magistrate has not considered the case of the petitioner. He did not appreciate the evidence on record," the court said.

The clash had taken place at the Fergusson College campus on March 23, 2016, amid heightened tensions following the death of PhD scholar Rohith Vemula.

Awhad was booked under IPC sections 143, 147, 149 (unlawful assembly), 323 (voluntarily causing hurt), 336 (endangering life or safety), 341 (wrongful restraint) and the Bombay Police Act.

However, the sessions court noted that Awhad was not an aggressor but had himself come under attack.

"The petitioner is the victim of the incident. Police rescued him and took him to another place," it observed.

Appearing for Awhad, advocate Harshad Nimbalkar told the court the MLA was targeted by a group that hurled stones, slippers and water bottles at him and his vehicle.

Dismissing the unlawful assembly charge, the court said the prosecution had failed to show that at least five persons shared a common object with Awhad. Witnesses stated two groups -- supporters of Dr B R Ambedkar and members of the ABVP -- were present, but no link was established between them and Awhad.

The order further noted that the charge sheet did not specify how many persons were with the MLA, and there was no evidence that he caused any injury or endangered anyone's safety. PTI SPK KRK