Breaking | Bombay High Court Stays Investigation Against AAP Leader Preeti Sharma In FIR Under SC/ST Atrocities Act

The Bombay High Court on Monday granted interim relief to Aam Aadmi Party's Maharashtra president Preeti Sharma Menon and another party worker, and stayed investigation against them for four weeks in an FIR registered under the atrocities act.

A division bench of Justices Sunil Shukre and Milind Sathaye granted interim relief to Menon in a plea to quash the FIR against them on March 16, 2023 by the Andheri Police.

Menon and party worker Manu Pillai claimed that the FIR is completely "false and baseless"and they have been roped in as they belong to a "prominent opposition party." They further alleged that the complainant was removed from the party for anti-party activities.

Complaint Sanjay Kamble who joined AAP last year alleged that Menon and 25-30 other people present at the party office on March 10 resorted to sloganeering and manhandled him after he vocalised his concerns. Menon allegedly said his "mentality was low" while Pillai ran towards him to hit him.

Accordingly they were booked under sections 143 (unlawful assembly),147 (rioting), 500 (defamation), 504 (intentional insult) and 506 (threat) of the IPC along with sections 3(1)(r) and 3(1)(s) of the SC/ST Prevention of Atrocities Act 1989.

Menon alleged the complaint has been filed influenced by rival political parties. Significantly, Menon adds that the membership of Kamble and a few other party members was terminated after they were found to be involved in anti-party activities.

In the plea Menon contended that despite all the offences being punishable with less than 7 years imprisonment, notice under section 41A of the CrPC was not given.

Senior Advocate Mihir Desai along with Advocate Vijay Hiremath argued that there was a six day delay in filing the FIR. They further claimed that the FIR was vague and didn't specify what the casteist slurs were.

Following this the court granted interim relief and stayed the investigations against Menon and Pillai till the next date, four weeks later.