Rape case: No coercive action against ex-BJP MLA, says HC

A division bench of Bombay HC comprising of acting Chief Justice B P Dharmadhikari and Justice N R Borkar directed the Thane Police Crime Branch not to take any coercive action against former BJP MLA who is accused of sexually harassing a woman corporator.

Mumbai (Maharashtra): The Bombay High Court on Wednesday directed the Thane Police Crime Branch not to take any coercive action against former BJP MLA Narendra Mehta who is accused of raping a woman corporator.

A division bench of Acting Chief Justice B P Dharmadhikari and Justice N R Borkar was hearing a petition filed by Mehta, seeking to quash the FIR lodged against him on February 28 by a corporator of the Mira Bhayander Municipal Corporation in Thane district.

While initially the Mira Road police was probing the case, the investigation was transferred to the Thane Police's Crime Branch earlier this week after the woman complained that she was being threatened.

Mehta's counsel Aabad Ponda on Wednesday argued that the woman and the accused were married since 1999 and also have a son.

"The rape case has been filed after 20 years because in the recently held civic body election, Mehta supported another candidate and not the victim," Ponda said.

Ponda sought interim protection from arrest for Mehta, pending hearing of the petition.

The woman's advocate Rizwan Merchant opposed the plea, saying Mehta had taken advantage of her condition in 1999 when she separated from her first husband.

"The accused got married to the victim in 1999, but told her not to reveal the same to anyone. The victim did not agree to this, but still stayed in the relationship as the accused had promised to reveal their marriage to everyone when his political career takes off," Merchant said.

The woman had also alleged that Mehta passed casteist slurs at her last year.

The bench, after hearing the arguments, directed the police to file their affidavit in response to Mehta's plea by March 20.

"No coercive steps shall be taken if he (Mehta) cooperates with the investigation," the court said. Mehta announced his resignation from all party posts

last month.

He has been booked under Section 376 (rape) and other relevant provisions of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

PTI report.