Whalesbook
The Bombay High Court has definitively quashed two First Information Reports (FIRs) lodged against special public prosecutor Shekhar Jagtap and former Mumbai Police Commissioner Sanjay Pandey. The court ruled the cases an "abuse of the process of law," stating that the complaints by builder Sanjay Punamiya were driven by malice rather than genuine legal grounds.
The court found Punamiya's allegations to be vague, speculative, and lacking material evidence. One FIR, filed at Colaba police station in 2024, accused Jagtap of using forged appointment orders to act as Special Public Prosecutor, allegedly to influence Punamiya's custody and bail applications. Notably, the police had already filed a closure report in this specific case.
A second FIR, filed at Thane Nagar police station, alleged that Jagtap, Pandey, and other officials conspired to remove the then Police Commissioner Param Bir Singh and fabricate evidence to implicate him and political figures. Punamiya also claimed an old case was reopened to target him and that Jagtap improperly ensured his bail rejection.
The court dismissed these conspiracy claims, citing extensive official documentation that supported Jagtap's appointment, including recommendations from senior officers, government resolutions, and a letter from the then Home Minister Dilip Walse-Patil. The bench stated that a missing appointment order copy could not override numerous affirmed official records.
Regarding Sanjay Pandey, the High Court found no credible allegations to support the claims against him. The accusation that he transferred an MCOCA case to the CID as part of a conspiracy was also deemed baseless. The court concluded the complainant failed to produce any material to support the alleged criminal conspiracy aimed at fabricating cases.
The bench also noted Punamiya's history as a "habitual litigant" with prior contempt proceedings, observing his repeated attempts to pursue similar grievances. The court rejected a request for a stay on its judgment.