BJP's Girish Mahajan seeks CBI probe against public prosecutor for 'conspiracy to implicate' him in false case

BJP leader Girish Mahajan's petition states that the "Maharashtra government launched a vicious crusade against him to entangle and embroil them in false criminal cases."

BJP leader and former Maharashtra cabinet minister Girish Mahajan has approached the Bombay High Court with a petition seeking the transfer of the investigation into the complaint lodged by him in March 2022 against a special public prosecutor to the Central Bureau of Investigation (CBI).

Bombay HC has issued notices to the Maharashtra government, CBI, CID and a special public prosecutor of the state against whom this entire petition is based.The petition filed by Mahajan through advocate Niteen Pradhan's office states that the "government of Maharashtra has launched a vicious crusade against him and other prominent leaders of the BJP to entangle and embroil them in false criminal cases."With this, it is alleged in the plea that special public prosecutor Pravin Chavan, who has been appearing for the present government in many cases, is "making all necessary arrangements from drafting the initial FIR to managing and tutoring witnesses, giving instructions to the investigation officer how raids are to be conducted, how incriminating material such as blood-stained knife, drugs etc are to be placed at the scene and how the Mahajan has to be brought within the ambit of the stringent provisions of the Maharashtra Control of Organised Crime Act (MCOCA). Chavan is enjoying the patronage of the entire top leadership of the government of Maharashtra."The plea pointed out that Devendra Fadnavis, leader of the opposition in Maharashtra, handed over a pen drive with 125 hours of video footage of Chavan to the deputy speaker during the recent Assembly session. The videos uploaded by BJP on its Maharashtra social media sites allegedly show Chavan making elaborate strategies for lodging criminal cases against Mahajan.In the plea, a transcript of certain important parts of the conversations is also attached.

The plea added, "the transcript shows Chavan clearly colluding with police officials, drawing up schemes and meticulously planning to frame Mahajan and other BJP leaders in false and concocted cases. It would also be clear that complicit in the entire conspiracy are the top leaders of the state government, including various cabinet ministers who Chavan names and claims to enjoy their patronage."

The plea added, "Equally complicit in this unholy nexus are Sharad Pawar, the chief minister, the deputy chief minister and a host of other cabinet ministers of the government of Maharashtra."The plea stated that it was only after the elaborate conspiracy that the FIR against Mahajan was registered in 2021. The FIR has already been challenged in a criminal writ petition. In that petition, the court had already granted protection to the accused and directed the police not to file a charge sheet against Mahajan.The former minister pointed out that in the case, Chavan was appearing for the prosecution who had been trying to invoke MCOCA in the case. The prosecution, according to Mahajan, is trying to show that he is a member of an organised crime syndicate headed by one Tanaji Bhoite.Mahajan alleged that cabinet minister Jayant Patil of the NCP was involved as his name features in the transcript and his assistant had allegedly sought information on previous cases against Mahajan.

An allegation against the present Mumbai police commissioner, Sanjay Pandey, is also made in the plea where it states that "Sharad Pawar wants to finish Mahajan and Fadnavis and it is only this commitment that Pandey has been appointed as the commissioner, Mumbai."Maharashtra home minister had assured Fadnavis that the pen drive given by him would be investigated by the Criminal Investigation Department (CID).The petition makes the case that with such high-profile politicians, officers and lawyers involved, the state police/Maharashtra CID can't conduct a free and fair investigation.Mahajan's plea reminded the court that the Maharashtra government has withdrawn the General consent granted under section 6 of the Delhi Special Police Establishment Act and therefore the only recourse available to him is to seek an independent and impartial probe by the CBI by filing the petition.Apart from his complaint, Mahajan also seeks that if the CID has begun its investigation, then it should be stayed and transferred to the CBI.

Bombay High Court will be hearing Mahajan's petition on June 30.