Jitendra Awhad moves Bombay high court to quash probe into 'false' affidavit

NCP leader Jitendra Awhad has approached the Bombay high court (HC) seeking to quash a magistrate's order directing Kalwa police to investigate an alleged false affidavit he filed during the 2009 assembly elections. The leader allegedly did not disclose his ownership/interest in a flat in the controversial Adarsh society. The HC will hear Awhad's petition after a week.

In December 2013, a local magistrate had directed the police to probe an affidavit filed by Awhad with his nomination form during 2009 assembly elections from Kalwa-Mumbra constituency. The magistrate had given the directions based on a private complaint filed by social activist Pravin Wategaonkar, who has also filed a petition before the HC seeking a probe by the Directorate of Enforcement into the Adarsh scam.

Wategaonkar had argued that Awhad intentionally did not disclose his interests in the Adarsh society in the affidavit because he knew about the illegalities committed by Adarsh well before it came out in the public domain in October 2010. He alleged that Awhad was not supposed to be the beneficiary of the allotment of the flat. The flats were supposed to be allotted to martyrs of the Kargil War.

Awhad was allotted flat number 601 in the Adarsh building before 2004 and the MLA has been making payments from time to time between July 2004 and November 2010 using cheques totaling to Rs 60,37,208, states the complaint.

The Kalwa police had issued a summons to Awhad, asking him to be present at the police station for questioning. However, no FIR has been lodged yet. Awhad then approached HC seeking quashing of the magistrate's order.

During the hearing before Justice Tahilyani, Wategaonkar argued that the magistrate had not issued process, i.e. initiated criminal processes against Awhad. Adjourning the hearing for a week, Justice Tahilyani extended the stay granted on the proceedings before Thane Court.

Wategaonkar had sought Awhad's prosecution before the Thane magistrate under section 199 (false statement made in declaration which is by law receivable as evidence) and section 200 (using as true such declaration knowing it to be false) of the Indian Penal Code and the Representation of People Act. These prescribe for punishment up to six months or fine for filing a false affidavit.