MUMBAI: The Bombay High Court on Thursday ticked off Maharashtra government and asked whether the rule of law exists in the state, and if the Chief Minister is too "helpless" to take action against a cabinet minister whose son has evaded arrest for weeks.
The strong words came from Justice Madhav Jamdar during an application filed by Vikas Gogawale, son of Shiv Sena Minister Bharat Gogawale, challenging the pre-arrest bail plea of Shreeyansh Jagtap, son of former MLA Manik Jagtap and a leader of the NCP.
Vikas is a key accused in a violent clash that broke out during the Mahad Municipal Council elections in Raigad district.
Clashes broke out between supporters of the Eknath Shinde-led Shiv Sena and the Ajit Pawar-led Nationalist Congress Party during civic elections at Mahad in Raigad district on December 2.
Both Shinde and Pawar are deputy chief ministers in the BJP-led government. The two sides lodged complaints against each other, and cross-FIRs were registered.
Vikas Gogawale and his cousin Mahesh too had sought pre-arrest bail, but they were not granted any relief.
Shreeyansh Jagtap was granted interim protection from arrest in December. Both Vikas and Mahesh Gogawale had filed applications opposing Jagtap's pre-arrest bail plea.
On Thursday, Justice Jamdar was forthright in his remarks about the failure of law-enforcing authorities to arrest the minister's son, who has been missing since his anticipatory bail plea was rejected by a sessions court.
"Is the state's Chief Minister so helpless that he does not say anything against even one minister? Ministers' children commit crimes and roam freely... they stay in touch with their parents, but the police cannot find them?" the Court observed.
Addressing the police's inability to track the accused, the judge said "there might be pressure on you (police), but not on the court." The judge also asked whether law and order and the rule of law prevail in the state.
Following the court's reprimand, the government assured that the minister would see to it that his son surrenders within a day. "He (Gogawale) will connect with his son and ensure that he surrenders tomorrow," Advocate General Milind Sathe said.
The bench accepted the statement and posted the matter for hearing on Friday, directing Vikas Gogawale to surrender before the hearing.