Varsha Gaikwad, former MLA Zeeshan Siddique acquitted in 2023 Gandhi Jayanti rally case

Mumbai, Jan 10 (PTI) A Mumbai court has acquitted Congress MP Varsha Gaikwad and NCP leader Zeeshan Siddique in a case related to unlawful assembly during a rally on Gandhi Jayanti in 2023.

In a verdict delivered on January 3, Judicial Magistrate (First Class) S R Nimse held that it was a peaceful rally for Gandhi Jayanti, and there was no evidence to suggest the group gathered with an "unlawful object".

The order also cited "grave question of authenticity" as a police witness identified an individual in court, who was not part of the case, as an accused.

The case was related to an incident during a rally led by Gaikwad to commemorate Mahatma Gandhi Jayanti in 2023 in south Mumbai.

As per the prosecution, officials from Azad Maidan police station intercepted a mob of approximately 400 persons near Metro Cinema, alleging the march was deviating from its authorized path from Colaba to Mantralaya (state secretariat). They were charged under Indian Penal Code (IPC) for unlawful assembly, wrongful restraint of the public and other offences.

The court, in its order, noted the prosecution witnesses admitted there was permission to hold the rally from Colaba to Mantralaya. The court also pointed out that none of the prosecution witnesses had seen the permission copy for the rally.

"Therefore, it is not proved that for which route there was permission," the magistrate said.

The court highlighted several gaps in the prosecution's evidence, such as failure to produce the actual copy of the permission granted to prove the claim that the rally took place on an unpermitted route.

The order asserted that all examined witnesses were police officers, whom it described as "interested witnesses".

No independent public witnesses were examined despite the incident occurring in a crowded area, the court said.

The magistrate ruled that there was no evidence regarding wrongful restraint of people on public roads. Therefore, prosecution has failed to prove the charge against the accused beyond reasonable doubt, it said.

Besides Gaikwad and Siddique, the court acquitted six other accused. PTI AVI BNM