Shiv Sena (UBT) leader Sainath Durge, a close associate of Aaditya Thackeray, approached the Bombay High Court, seeking the quashing of the FIR filed against him by Dahisar Police over an alleged morphed video circulation.
On March 11, a function was organized for the inauguration of a bridge by Maharashtra Chief Minister Eknath Shinde, in Borivali East.
A video from the rally purportedly depicted Prakash Surve, a local MLA participating in the function, allegedly kissing party spokesperson Sheetal Mhatre.
Sheetal Mhatre claimed that the video had been manipulated and filed a case with the Dahisar police station.
The Maharashtra government promptly initiated an inquiry by a Special Investigation Team (SIT) into the case.
On March 23, Sainath Durge and five others were apprehended in a case registered under sections 354 (molestation), 509 (outraging modesty), 500 (defamation), and 34 (common intention) of the IPC and Section 67 (publishing or transmitting obscene material in electronic form) of the Act.
They were initially remanded to two days of police custody and later into judicial custody. It was on March 23 that Durge secured bail.
Subsequently, Raj Surve, Sheetal Mhatre’s son, also lodged an FIR against Sainath Durge under different sections of the Indian Penal Code. In this instance, Sainath Durge obtained anticipatory bail from the court.
Sainath Durge’s plea asserted that at the time of the incident, he was in Bengaluru and had been unfairly implicated in the case.
Sainath Durge argued that filing a second complaint for the same offense would amount to double jeopardy.
“Taking the allegations at face value, there is no assertion that the said video contains any sexually explicit act. The mere kissing on cheeks cannot, under the widest ambit of imagination, be termed as a sexually explicit act,” stated the plea.
Sainath Durge alleged that both FIRs against him were a result of a political rift within Shiv Sena, and Mhatre filed the FIR with the intention of seeking revenge due to political rivalry.
A bench of justices Ajay Gadkari and Shyam Chandak instructed the prosecutor present in court to obtain instructions from the police, and the plea will be heard in January without any changes.
