Read Time: 04 minutes

Synopsis

The Bombay High Court has recently granted interim relief to Mumbai’s president of the Aam Aadmi Party (AAP) Preeti Sharma Menon and another member of the political party and put a hold on the investigation against them for four weeks in an FIR (First Information Report) filed under the SC/ST Prevention of Atrocities Act, 1989.

The interim relief was granted after Menon prayed before the court to quash the FIR which was filed against her and other party members on March 16, 2023, by the Andheri Police. Menon and party worker Manu Pillai argued that the FIR was "false and baseless" and that they had been targeted because they belong to an opposition party.

The complainant, Sanjay Kamble, had accused Menon and around 25-30 other people of manhandling him and using casteist slurs against him during a party meeting on March 10. In the FIR allegations were leveled against Menon and Pillai for several offences, including unlawful assembly, rioting, defamation, intentional insult, and threat, along with sections 3(1)(r) and 3(1)(s) of the SC/ST Prevention of Atrocities Act 1989.

Menon alleged that the complaint was filed under the influence of rival political parties and that Kamble and some other party members' membership was terminated for anti-party activities. Menon further contended that the notice under Section 41A of the CrPC was not given, despite all the offences being punishable with less than 7 years imprisonment.

Senior Advocate Mihir Desai and Advocate Vijay Hiremath argued on behalf of Menon and Pillai and claimed that there was a delay in filing the FIR, and the FIR was vague and did not specify what the casteist slurs were.

Court granted interim relief and stayed the investigations against Menon and Pillai until the next date, four weeks later.

Case Title: Preeti Sharma Menon & Anr. vs State of Maharashtra & Anr,