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Ex-communication and ill-treatment of Petitioner and his family by the ex-Sarpanch

Family in a small room
Date : 11/04/2017

Jagannath Malhare Waghmare & Ors, vs. The Collector, Raigad & Ors. ( Criminal PIL no. 37 of 2013)

 

Synopsis:

 

This Petition was filed on behalf of a resident of Ekdara Village, Raigad, seeking a fair and unbiased investigation into his complaint filed before the Murud Police station against one Shri Motiram Chaya Patil, who is the ex-Sarpanch of village Ekdara and several others, at whose instance the Petitioner Applicant and several other from his community were ex-communicated from the Village.

 

Description:

 

The Petitioner herein and his family members are the residents of the same village as Respondent No. 4 and have been excommunicated and harassed mentally and physically by the Respondent No. 4 along with other perpetrators for long years. The Respondent No. 4 is the ex-sarpanch of Village Ekdara and also chairman of Hanuman Machchimar Sahakari Sanstha and at whose instance and on whose coercion the villagers of Ekdhara have excommunicated the Appellant and his family.

 

The Respondent No. 4 in collusion with several others called for a meeting of the villagers at the Village Temple, and had the Petitioner herein along with several other members of the village declared to be ex-communicated from the village and socially boycotted.

 

This in effect meant that the villagers were forbidden from speaking or interacting or dealing even in commerce with the Mr. Patil and the Petitioner or their family members.  This effectively also prohibited the Petitioner from visiting any of the villagers in the event of a death, birth or marriage and that if any villager interacted, spoke to, or even invited the Petitioner and his family to any function, funeral or marriage they too would stand to attract being ex-communicated.

 

Subsequent events bear out to this social boycotting a few incidents of which are:

    1. At the instance of the Respondent No. 4 and others, not only were the khalasis (helpers) directed to not work on the boats of the Petitioner but also the subsidized diesel that would be made available to the Petitioners was sought to be discontinued. This in turn affected the Petitioner’s and other ex-communicated member’s only chance of livelihood, economically gripping them  and forcing them to make numerous representations to various authorities in the forms of letters and complaints.

 

    1. That in the year 2008, the Petitioner was not allowed to attend the funeral of his uncle (Mr. Bala Kala Waghre) in the village due to the incitement of Respondents No. 4 and other perpetrators.

 

    1. Again, on 13 January 2009, Mr.Jannu Padma Waghre, an Uncle of Petitioner had passed away. However, the Petitioners was not allowed to attend the funeral as the people of the village did not allow the Petitioner to participate in the funeral.

 

    1. On 3rd April 2009 the Respondent No.4 along with other perpetrators prevented the socially boycotted villagers from attending the Ram Janm Festival of the Village. It is also the case of the Petitioner that year after year the Petitioner and other ex-communicated members of the village were prevented from attending various festivals such as the festival of ‘Holi’.

 

    1. In the year 2009 the Petitioner was prevented from attending the weddings of friends and relatives that took place in his own village.

 

    1. Another such example occurred when Mr.Rakesh Vishwanath Patil, one of the socially boycotted villagers, was not allowed to attend the funeral of his grandfather on 27 October 2010.

 

The Petitioner filed an FIR against the Respondent No. 4 and several others.  The present Application has been filed seeking transfer of the investigation arising out of FIR 28 of 2013 dated 28.10.2013 to an independent Investigating Agency from the local police authorities and the subsequent Criminal Trial arising out of the said FIR filed before the Murud Police Station from the court of the JMFC , Murud, to any court in Bombay.

 

Holdings:

 

Order dated 3.02.2015

 

  • The investigation was transferred to the Crime Branch as the accused was an influential person

Order dated 11.04.2017

 

  • In the interest of justice it would be appropriate if the matters which are pending in the Court of the JMFC, Murud against the accused are transferred to the Court at Alibaug, and the matters to be heard by the JMFC,  stationed at Alibaug.
  • The trial may be completed as expeditiously as possible and in any case within 2 years from the date of the order.

 

Status:

 

The Petition is pending.

 

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