The Bombay High Court has rejected eight applications seeking the annulment of FIRs lodged against a former BJP MP, MLA, and a current legislator amid the Covid-19 crisis. Former MP Gopal Shetty faces two FIRs, former MLA Sunil Rane faces five, and sitting BJP MLA Manisha Chaudhry from Dahisar faces one. These cases arose during the Covid-19 era when the Maha Vikas Aghadi government governed Maharashtra and the BJP was in opposition.
Most of the FIRs were filed in suburban Mumbai and revolved around violations of public servant orders during the pandemic. The three BJP figures had personally petitioned the High Court for FIR cancellations. The court, led by Chief Justice Shree Chandrashekhar and Justice Gautam A Ankhad, explained the process for handling political FIRs, emphasizing that they are typically withdrawn rather than quashed as per established rules.
A state cabinet subcommittee reviews proposals to quash FIRs, considering factors such as the severity of the offense and impact on public property. The court underscored the prerequisites for case withdrawals. Despite arguments from the BJP leaders’ counsel citing public interest protests as the reason for the FIRs, the court clarified that MPs and MLAs cannot directly seek FIR cancellations.
Recommendations from the cabinet subcommittee are then forwarded to regional committees and prosecutors for further assessment. Following scrutiny by senior police officials and prosecutors, the state submits a withdrawal plea to the High Court. Subsequently, the High Court issues orders for withdrawal to the relevant trial courts. Despite continued insistence on quashing the FIRs, the court dismissed the applications, stating, “You are not able to understand.”