Woman doctor accused of fraudulently claiming Adik's pension: court says no criminal intent

Mumbai, Nov 13 (PTI) Granting pre-arrest bail to a woman cardiologist accused of fraudulently claiming pension as the widow of late Maharashtra politician Ramrao Adik, a court here has held it was a civil dispute and there was no criminal intent.

Additional sessions judge Avinash Kulkarni on November 7 allowed the plea of Dr Lekha Pathak, who is facing a case of alleged cheating and forgery. The copy of the order became available on Thursday.

The applicant being a 79-year-old reputed doctor who has fully cooperated with the authorities, her custodial interrogation is not needed, said the judge.

"The dispute primarily pertains to civil aspects of entitlement to pension, and there is no evidence of criminal intent on her part," the court said.

Considering her "advanced age, ill-health, clean antecedents, and willingness to assist in the investigation, coupled with the principle that mere civil disputes should not result in unnecessary harassment through criminal proceedings", she should be granted anticipatory bail, it said.

In her application, Dr Pathak claimed that the First Information Report against her was based on "completely absurd and preposterous complaint" filed by Prithviraj Adik, a lawyer and the son of former Maharashtra deputy chief minister Ramrao Adik.

Prithviraj Adik alleged that after his father's death in August 2007, Dr Pathak began drawing pension as his "widow," though she was never legally married to Ramrao Adik.

Dr Pathak claimed in her plea that Ramrao Adik divorced his first wife Shobha Adik, the complainant's mother, in June 1989, and she married him in 1995 as per Hindu Vedic rituals at Birla Temple, Delhi.

The dispute pertained to family pension payable under the Maharashtra Legislative Members Pension Act, 1976, and hence it was a civil matter, she stated.

The issue had already been adjudicated upon in prior proceedings, including an interim application and contempt petition, both disposed of by the High Court in January 2024 while granting liberty to pursue appropriate civil remedies, said her pre-arrest bail plea.

The prosecution opposed the plea, contending that it was necessary to investigate how the pension was sanctioned to her.

The court, after hearing both the sides, ruled that the police had all the documents in their possession, and "no custodial interrogation of the applicant/accused is necessary".

Dr Pathak shall be released on a personal bond of Rs 15,000 and a surety in the like amount in the event of her arrest, the court said, while also directing her to attend the Marine Drive police station every Tuesday for the next three months or until the charge sheet is filed. PTI AVI KRK