'Is This Rule Of Law In Maharashtra?' : Bombay High Court Questions Police Failure To Arrest Minister's Son For A Month

Sharply criticising the Maharashtra Government for its failure to arrest Cabinet Minister Bharat Gogawale's son Vikas, who was booked in a rioting case regarding civic polls in Mahad, Raigad district, last month, on Thursday, the Bombay High Court remarked if Chief Minister Devendra Fadnavis is 'so helpless' that he is unable to do anything in this case wherein the son of his own sitting minister is said to be 'absconding' but is in constant touch with the father. 

Single-judge Justice Madhav Jamdar, finally asked Vikas to surrender by Friday morning, before court hearing begins in his anticipatory bail plea, else has warned of passing 'appropriate orders.'

For context, Vikas along with his cousin Mahesh Gogawale was booked in a rioting and assault case after there was a clash between the Shiv Sena (Eknath Shinde Faction) and the Nationalist Congress Party (NCP) (Ajit Pawar Faction) on December 2, 2025 on the polling day of the Mahad Municipal Council. There were cross FIRs by both the sides and the anticipatory bail applications filed by Gogawale were rejected by the lower court.

Before Justice Jamdar, was the anticipatory bail of Shreyansh Jagtap, son of NCP leader Manikrao Jagtap. During the hearing held on January 16, the bench noted that the police did little to trace Gogawale brothers, despite their anticipatory bail applications being rejected on December 23, 2025.

On Thursday, when the matter was called out for hearing, Justice Jamdar, sought to know from Advocate General Milind Sathe, as to by when would the police be able to arrest Vikas. However, the AG informed the judge that he was 'untraceable' and that steps were being taken to track him and if need be, non-bailable warrants (NBW) and even proclamation would be issued, if he continues to be on the run. 

However, the judge sought to know if the police recorded the statement of Vikas' father Bharat, and questioned how he could continue to be a Cabinet Minister in the State, when his son was accused in a crime and was absconding. 

"How is he still a Cabinet Minister Mr AG... His son is absconding... Your Police could have at least recorded the Minister's statement and let him say no he does not have any details about his son... There should be a will... If the State wants, it arrests a person within 24 hours but here more than a month has passed but you are unable to track him (Vikas)... Is this the rule of law in the State of Maharashtra?" Justice Jamdar orally remarked. 

When AG urged the court not to make observations about 'rule of law' or the Minister, Justice Jamdar interrupted saying, "How can he continue to hold the post of a Cabinet Minister when his son is absconding? In fact, I have read in the media that the Minister is given the honour to hoist the flag on Republic Day at Raigad... This is completely political... Is this the rule of law in Maharashtra ?"

During the hearing, the judge was informed that the Minister's son Vikas, who is absconding, has filed nominations for the Subject Committees (such as Health Committee, Education Committee etc).

Irked over this, Justice Jamdar questioned AG Sathe as to how he could file nominations, when he is not "traceable" by the police.

The AG responded that presently Vikas is untraceable but he may have filed nomination through his supporter.

The judge was further informed that Vikas' father Bharat Gogawale, had reportedly given an interview to a Marathi news channel stating that his son was not absconding and was in his contact.

At this, Justice Jamdar expressed displeasure and criticised the State, observing, "What is this? This clearly shows that the rule of law in Maharashtra is being adversely affected... The rule of law is going somewhere else now... How can he be in the touch of his father, a sitting Minister yet the Police is unable to trace him.."

The judge then asked the AG to take instructions from the Cabinet Minister on this very issue (of him being in touch with his absconder son) and if need be even from Chief Minister Devendra Fadnavis, who also holds the Home Ministry portfolio in the State. 

"I am not bound by any pressure, all citizens must be treated equally there can be no special treatment for anyone.... Is the Chief Minister so helpless that he cannot do anything in this case where his Cabinet Minister's son is absconding and untraceable by the police but is in contact with his minister father. Mr AG take instructions from the Minister and if need be from the CM," Justice Jamdar remarked while adjourning the hearing for half n hour. 

When the matter was again called out for hearing, the Advocate General urged the court to adjourn the matter stating that efforts are being made to 'connect' with Vikas. 

Justice Jamdar sought to know what will be done after 'connecting' with the absconding accused, to which, AG Sathe responded, "I have instructions that the Minister will be connecting with his son and thereafter he will be asked to surrender."

Considering this, Justice Jamdar agreed to adjourn the matter for a day and posted the same for hearing on Friday (Jan 23) morning as 'First on Board' matter (to be heard first).

While adjourning, the judge clearly said, "Mr AG ensure that he surrenders before the court hearing begins otherwise I will be passing appropriate orders."