Bombay High Court Seek Clarification In BJP Polotician Kamboj's Case

The Bombay High Court instructed the prosecution on Monday to clarify the
investigating officer's position in a case filed by a civil engineer who was allegedly stopped from carrying out his duty against BJP politician Mohit Kamboj-Bharatiya. The SM Modak Court was hearing a petition submitted by Kamboj through lawyers Faiz Merchant and Faisal Shaikh, seeking the dismissal of a 2009 case lodged at the LT Marg police station.

On December 15, 2009, two cases against Kamboj were filed. According to the prosecution, the Brihanmumbai Municipal Corporation (BMC) discovered a violation, and a complaint was filed under the Maharashtra Regional and Town Planning (MRTP) Act. Kamboj was tried under the MRTP by the Shindewadi Magistrate's Court and acquitted in 2016. However, in 2009, a few hours after the first FIR was filed under the MRTP, the BMC engineer filed another FIR under Section 353 of the Indian Penal Code.

It is worth noting that Section 353 is invoked when there is an assault or the use of criminal force to prevent a public official from carrying out his duties. If a case is filed under this clause, it is heard in the sessions court, therefore the magistrate court forwarded the case against Kamboj to the Mumbai sessions court. Merchant and Shaikh, representing Kamboj, filed an application at the Mumbai Sessions Court in March 2024 for acquittal in the case. Merchant said that the investigating officer had filed a reply to the acquittal application, leaving the decision to the court.

The trader further claimed that the investigating officer had not made any explicit statement requesting that the plea be rejected; none the less, the trial court rejected the plea on March 7, indicating that both the investigating officer and the public prosecutor had requested that the plea be dismissed. Judge Modak then sought clarification from the investigating officer on his opinion on Kamboj's release plea. Aside from this problem, Merchant contended that there could hardly be two separate hearings for a lawsuit arising from a single action by the BMC engineer.

Judge Modak had previously granted some protection to Kamboj following his hearing with Merchant. The court had directed that the trial court refrain from filing charges against Kamboj until the High Court heard his plea.

Author:
Aarya Kadam (News Writer) is a final-year BBA student and a creative writer with a passion for current affairs and legal judgments.