Claiming that the “investigation has not been carried out up to the mark” in the case involving former Kalyan East BJP MLA Ganpat Kalu Gaikwad, former Shiv Sena corporator Mahesh Gaikwad has approached the Bombay High Court seeking a transfer of the probe to the CBI or the constitution of a special investigation team (SIT).
A bench comprising Justices Ravindra V Ghuge and Gautam A Ankhad has issued notices to the investigating officers in Ulhasnagar and the Maharashtra government, directing them to file their replies. The court will hear the petition on August 25.
The petition, filed through advocate Abhishek Kulkarni, states that the prime accused, Ganpat Gaikwad—who was an MLA at the time of the incident—carried out a deliberate attempt to murder Mahesh due to political rivalry. The alleged attack occurred inside the cabin of Senior Police Inspector Anil Jagtap and in the presence of police officers.
“Therefore, in the present case, the investigation has not been carried out up to the mark. The Crime Branch has not properly investigated the assault and attempt to murder; it has failed to explore all relevant angles,” the plea states.
The petition also objects to the fact that sections 353 (assault or criminal force to deter a public servant from discharge of duty) and 324 (voluntarily causing hurt by dangerous weapons) have not been invoked against Ganpat and his co-accused.
It further alleges that not all accused have been arrested, and that Ganpat’s son, Vaibhav Gaikwad, has been given a clean chit.
Mahesh claims a longstanding political rivalry with Ganpat and states that on August 25, 2020, he lodged a complaint with the then Chief Minister of Maharashtra. On August 29, 2020, he received a message from the Chief Minister’s Office acknowledging receipt of the complaint.
However, tensions escalated over a land dispute in Ambernath, located in Thane district. According to Mahesh, on February 2, 2014, Inspector Jagtap summoned him to the police station, stating that Vaibhav and another individual had lodged a complaint against him.
At the station, Mahesh was allegedly verbally abused by Vaibhav and his associates. When Jagtap asked both Ganpat’s and Mahesh’s supporters to leave the cabin, a ruckus broke out outside, prompting Jagtap to step away to pacify the situation.
In the chaos, Ganpat allegedly drew his gun and opened fire on Mahesh and his associates. Jagtap reportedly rushed back into the cabin to rescue Mahesh, but Ganpat’s supporters also entered and continued firing.
On August 5, another bench of the Bombay High Court refused to grant bail to Ganpat and some of his associates.
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