Maharashtra government initiates chapter proceeding against BJP MLA Nitesh Rane
India Today
A Special Executive Magistrate had issued a show cause notice to the BJP MLA asking him to execute a good behaviour bond which is part of the chapter proceedings initiated against a person facing many cases.
Maharashtra BJP MLA Nitesh Rane, on Thursday, while replying to a show cause notice by the Special Executive Magistrate, stated that the notice was illegal and “bad in law” and had been issued “without application of mind with malafide intent.”
The show cause notice asked the BJP MLA to execute a good behviour bond for one year. The good behavior bond is part of the chapter proceedings that are initiated against a person facing many cases.
The Special Executive Magistrate in Mumbai had issued a show cause notice to Rane on April 1 asking him to appear on April 7, 2022. However, Rane did not appear but filed a reply through his advocate Namita Maneshinde, who also appeared on his behalf.The notice had stated that Rane faced 12 cases across Maharashtra and Goa, such as in Kankavli, Kudal, Sindhudurg, Sawantwadi, Vengurla, Malvan, Devgad, Worli, Mahim, Malwani, Pedne, Goa. Most of the cases concerned were about sloganeering, illegal assembly, disrupting public officials' work and others.The notice stated that these FIRs point out that Rane is dangerous and does not have concern for law and order in society. If ignored, he will continue with his criminal activities.
“For this, police carried out secret investigations in these areas and the witnesses gave statements on his conduct which led to this conclusion,” the show cause notice stated, before adding that being a politician, his acts will influence people around him and if this continued, then the same would disrupt peace and order in that region.The notice stated that in future, to avoid such offences and to reform the accused, they were of the belief that proceedings ought to be initiated under 107 (security for keeping peace) of Criminal Procedure Code (CrPC). The Rs 5 lakh bond, according to notice, would be valid for one year as an assurance to maintain peace and tranquility in society with one surety.
Maneshinde in the reply stated, "Rane has never been convicted of any offence whatsoever" and that section Section 107 of CrPC deals with security for keeping the peace and mandates that a notice under this section be issued only when information is received that any person is likely to commit a breach of peace or to disturb public tranquillity or to do any wrongful act that may have the aforesaid effect. That the present notice is devoid of any such credible information and instead consists merely of vague allegations and per se defamatory content regarding the nature of Rane which is completely unwarranted."Rane also pointed to the anticipatory bail application order passed by a sessions court recently in the Malwani FIR case. The reply stated, "Sessions Judge has made scathing observations against the prosecution and the manner in which the investigation was being conducted," stated the reply.One of the allegations against Rane was of illegal assembly outside the Malwani police station on March 5, 2022. Rane's reply stated that the "crowd largely consisted of media personnel. That, given that this entire case is politically driven, it naturally attracted media attention which is not within the control of Rane. Rane cannot be held liable for the actions of the media. In addition, given the mala fide conduct of the prosecution in the crime, it is only natural that Rane was accompanied by his well-wishers who behaved in a peaceful and orderly manner."The reply stated that there is absolutely no reason or lawful justification for calling upon Rane to execute any bond for good behaviour. “The notice is clearly without application of mind and is causing undue harassment to Rane."The notice and the reply have been kept for further arguments on April 20.
