PUNE: The Additional Sessions Court in Pune has discharged Nationalist Congress Party (NCP) MLA Jitendra Awhad of all charges related to the 2016 Fergusson College violence case, citing a lack of evidence.
The order, passed by Additional Sessions Judge Aniruddha Subhash Gandhi on October 13, stated that there was “insufficient evidence to frame charges” against the legislator. The court also held that the earlier order of the Judicial Magistrate First Class (JMFC) in Pune rejecting Awhad’s plea for discharge on August 22, 2025, was “not legal, proper and correct.”
In its order, the Court stated, “On perusal of the entire chargesheet, I do not find any single evidence to frame the charge u/sec.143, 147, 149, 323, 336 and 341 of IPC against the applicant / accused. Thus, prima facie, there is no evidence against the applicant / accused to frame the charge levelled against the applicant / accused. He is bound to discharge from the charge levelled against him”.
The court further stated, “Perused the order passed by the Magistrate. It appears that Ld. The magistrate has not properly appreciated the evidence; therefore, I am of the opinion that the applicant/accused is entitled to be discharged. Thus, the order passed by Ld. Magistrate is not legal, proper and correct and hence an interference is required. Therefore, in view of all the above discussion, I am of the opinion that the application filed by the applicant/accused for discharge deserves to be allowed”.
Senior NCP SP MLA and former Cabinet Minister of the Maharashtra government, Jitendra Awhad, who represents the Mumbra-Kalwa constituency in Thane district, has been booked under multiple sections of the Indian Penal Code, including those related to unlawful assembly, causing hurt, endangering life, and wrongful restraint, along with a charge under the Bombay Police Act.
The case stemmed from a violent incident on March 23, 2016, following protests after the death of Rohith Vemula. The court observed that the evidence indicated Awhad was more of a victim than a participant in the violence.
Defence counsel Advocate Harshad Nimbalkar argued that Awhad was at the Kimaya Building near the college and was not part of the mob. He added that an opposing group turned violent, pelting stones, slippers, and bottles at the MLA and his vehicle, forcing his bodyguard to raise his pistol in the Air for safety.
On the charge of unlawful assembly, the court noted that the prosecution failed to prove that Awhad had formed or joined any such group, as the charge sheet did not specify the number of people accompanying him.
Finding no evidence that Awhad caused injury or endangered life, the court concluded that the prosecution had failed to establish the charges beyond a reasonable doubt. Accordingly, the MLA was discharged from the case. (ANI)
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