BJP MLA Ashish Shelar Approaches Bombay High Court To Quash FIR Over Remarks Against BMC Mayor

In a plea under Article 226 of the Constitution and section 482 of the CrPC, Shelar has argued that the FIR is nothing but a result of brainstorming and imagination of the Maha Vikas Aghadi Government to falsely implicate him. He claimed that a simple Marathi word at the press conference following a gas cylinder explosion was being blown out of proportion.

Moreover, he hadn't mentioned anything that would insult the modesty of a woman but criticized the machinery, therefore the allegations were not made out against him.

"If the said press conference is seen and heard, it can be easily deducted and comprehended that the said statements were made for the BMC authorities as an organization and not towards the Original Complainant/Respondent No.2 in person or as a woman/girl," the petition states.

Shelar has sought quashing of the FIR registered at the Marine Drive Police Station for offences under sections 354(A) (4) & 509 of the Indian Penal Code, 1860 and a stay on any coercive action against him in the interim.

On November 30, a gas cylinder exploded at BDD chawl in Worli. Shelar states that he address a press conference after four people lost their lives including an infant due to improper medication and lack of facilities made available to them.

During the press conference, he slammed the mayor for visiting the site 72-hours after the incident. Shelar allegedly remarked in Marathi, "Where were you (the mayor) sleeping for these many hours?"

The Mayor took exception to the mention of the word sleeping and wrote to home minister Dilip Walse Patil, that the remark had not only insulted her but other women as well. An FIR was then registered at the police station, yesterday.

In the petition filed through Advocate Faiz Merchant, Shelar claimed that the FIR was false, vexatious, frivolous, concocted and a product of abuse of the process of law.

Shelar had not made even a derogatory statement, let alone a statement that would outrage her modesty, the petition reads. "That, the present FIR is nothing but a result of brainstorming and imaginations of the ruling party to falsely implicate the Petitioner in the present crime."

Shelar had said that during the press conference itself he clarified that he was referring to the lackadaisical manner in which the Mayor's office was working despite such a tragic incident having taken place and therefore used the term 'sleeping' in its literal sense only.

"That the officials of the ruling party have been trying to unnecessarily amplify the said statement in furtherance of their agenda against earnest workers of the BJP party. That, the registration of the present FIR is nothing but a result of the members of the ruling party interpreting a simple word of Marathi and blowing the same out of proportion," he said.

Shelar claimed that he merely voiced his angst over the said incident saying that despite of such a major incident, patients taken to the municipal hospital do not feel safe there, nor do they receive timely medication. "It is shocking that a 4 months old infant lost his tender life due to the gross negligence of the BMC officials, the authorities and staff of Nair Hospital."

The MLA claimed that section 354(A)(4) is not made out against him it is not even part of the section.