A special court in Mumbai convicted BJP MLA Captain Tamil Selvan and four others on charges including unlawful assembly and voluntarily causing hurt to deter a public servant from his duty during a protest in 2017. They were sentenced to six months imprisonment. The special court suspended the sentence to allow them time to appeal the decision.
The case relates to an FIR filed by Antop Hill police station in 2017. Officials of the Brihanmumbai Municipal Corporation (BMC) along with the police had visited the locality to disconnect electricity and water connection of 25 buildings in the Sion Koliwada area. In 2014, the BMC’s Building and Factory department had served notices to the buildings to vacate stating that they were in a dilapidated condition.
In 2015, the BMC disconnected the water and electricity connection of one building but the others could not be disconnected as there was resistance from the residents. In 2017, too, the BMC claimed that the residents refused to accept notices and hence banners were put up to inform the residents about the disconnection of the electricity and water supply to the remaining buildings.
The prosecution claimed that there were over 1,000 people who assembled to restrain the authorities and protest their action. The complaint alleged that the protestors shouted slogans and pelted stones, in which two police personnel were hurt. Among the witnesses examined by the prosecution was a BMC officer who identified BJP MLA Tamil Selvan to have been present at the spot along with four others.
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The accused said that the action by the civic body and the police itself was illegal as they had been unable to show any notice to disconnect the electricity and water connection. They also denied attacking the authorities stating that the FIR was filed to hide their illegal acts.
Special Judge R N Rokade found the accused guilty under charges including 332 (voluntarily causing hurt to deter public servant), 353 (assault or use of criminal force to deter a public servant), 341 (wrongful restraint) and relevant sections and related to unlawful assembly of the Indian Penal Code. The court also directed the accused to pay a fine of Rs 13, 500 and directed the accused to pay Rs 5,000 to the injured.
After the court convicted the accused, the prosecutor, Sumesh Panjwani, sought the maximum punishment for them. Selvan, present in court, said that he had not done anything wrong. The defence lawyers said that the court should consider that it was the first offence by them.
The detailed order is yet to be made available.