According to a complaint filed by an ex-serviceman, Bombay Police Station registered a cheating case against Somaiya. However, the single bench granted interim relief noting that the donation drive for saving INS Vikrant was held in 2013, and the complaint was registered nine years later.
On Wednesday, the Bombay High Court granted interim protection from arrest to BJP leader Kirit Somaiya. Former MP allegedly swindled money collected to save INS Vikrant, the Indian Navy’s first aircraft carrier, in 2013.
A single bench of Justice Anuja Prabhudesai stated, “In the event of arrest of the applicant, he shall be released on furnishing personal bond of Rs. 50,000 and shall report to the investigating officer for four days from April 18 between 11 am to 2 pm.” He also added that since there is no appropriate evidence to prove the complainant’s accusations, it will next hear Somaiya’s pre-bail plea a two-weeks later on 28th April. Till then, the court will regularly monitor the investigation progress of the case.
Somaiya and his son Neil have stated that they didn’t misuse the funds collected with the hope of saving the warship from being scraped but did not deposit it to the governor’s office either. The duo collected funds by setting up donation boxes in different parts of Mumbai city. “We are collecting information from the governor’s office as well,” said a police official. Two days before, the Mumbai Sessions court had rejected the anticipatory bail plea of the duo.
Trombay Police Station registered a cheating case based on a detailed statement by Baban Bhimrao Bhosle, a retired army officer, last week. The complainant has accused the father-son duo of alleged misappropriation of Rs. 57 crores collected through crowdfunding. The case now handled by EOW has booked Somaiya and his son under IPC sections 406 (criminal breach of trust), 420 (cheating), and 34 (common intention).
Following the rejection of anticipatory bail, advocate Ashok Mundargi, Somaiya’s lawyer, approached the Bombay High court to seek interim protection. Mundargi stated that Mr. Somaiya led a collection of Rs. 11,224 from the public in the wake of the “Save Vikrant” drive conducted outside Churchgate Station in 2013. Following the submissions made by Mundargi, the HC granted him interim bail as the complainant registered no complaint between 2013 to 2022.
Advocate Shirish Gupte, who represents the state government, opposed the bail plea and told the HC that custodial interrogation of Somaiya is necessary. Gupte added that Somaiya didn’t cooperate with the investigation despite the notice issued under section 41A of the CrPC, which states that the investigating officer has to issue a notice of appearance before the arrest.
INS Vikrant was commissioned in 1961 and played a pivotal role in enforcing the naval blockade of Pakistan soldiers during the Indo-Pakistan War in 1971. It was decommissioned in 1997 and was sold through an online auction in 2014, and scrapped in November that year.
Published by : Gargi Sharma
Edited by : Aaradhana singh