Maharashtra Minister Nitesh Rane Sentenced To 1 Month Jail For Intentional Insult Of Public Servant By Forcing Him To Walk Through Mud

Observing that lawmakers must not take law in their own hands, a Sessions Court in Sindhudurg convicted Maharashtra's Cabinet Minister Nitesh Rane for intentionally insulting an engineer - a public servant by forcing him to walk on a muddy road and sentenced him to one month's simple imprisonment and a fine of Rs 1 lakh.

Notably, Rane was a MLA from the Congress party during the incident in question and is presently a MLA from the BJP and holds the Cabinet Minister post overseeing the ministry of fisheries and ports development.

Additional Sessions Judge VS Deshmukh noted that Rane had forced Prakash Shedekar, a Sub-Divisional Engineer with the National Highways Authority (NHA) to walk on a muddy road, after locals in Kankavali area (Rane's constituency) raised the issues of poor roads and water logging. The judge noted that a day prior to the incident on July 4, 2019, the Shiv Sena, then a rival party of the BJP, had addressed a press conference and accused Rane of the poor quality of the roads in Kankavali.

"It was the triggering point. However, it is pertinent to note that at the relevant time Rane was MLA. The law makers are not supposed to take law into their hands. Even though his intention was to raise voice against the poor quality of work and inconvenience faced by the public, he was not supposed to humiliate, insult a public servant in public. If such incidents continue to occur, public servants would not able to discharge their duties with dignity. It is abuse of power. Hence it is the demand of the time to curb such tendency," Judge Deshmukh observed in the order pronounced on Monday (April 27).

Therefore, the judge refused to grant the benefit of Probation of Offenders Act,1958 to Rane and sentenced him to one month's simple imprisonment along with a fine of Rs 1 lakh, after noting that there were no criminal antecedents to his credit.

"At the same time victim/informant Prakash Shedekar PW1 shall be compensated. In fact mental agony, humiliation suffered by him cannot be compensated in terms of money. Awarding compensation of Rs 50,000 out of the fine would to some extent serve the purpose," the judge added.

Notably, the court acquitted a total of 29 other persons, who were followers of Rane and were on the spot on the relevant day. The court found no charges proved against them. The court acquitted the 29 accused along with Rane from charges such as - voluntarily causing hurt during discharge of public duty, voluntarily causing hurt by using a deadly weapon, using criminal force, assaulting a public servant, participating in unlawful assembly, hatching a criminal conspiracy, threatening to kill, wrongful damage to public property, wrongful confinement, rioting etc.

The judge found the material on record to be short to prosecute Rane and the 29 others for the said charges. The judge found material discrepancies in the testimony of the complainant Shedekar, the police witness, who was present at the spot of the incident and also the version mentioned in the FIR.

According to Shedekar, when Rane called him to be present at the road widening site of NH-66, he (Rane) was present there with several followers of his 'Swabhiman Party' and also members of the Shiv Sena, public and the press. There, while inspecting the road widening project, Rane allegedly abused Shedekar, his followers first poured a bucket full of muddy water on his person and some assaulted him and then Rane made him walk on a muddy road.

Judge Deshmukh, however, found that the testimony of Shedekar and the police witness were differing on the points of pouring muddy water and assault. However, his testimony stood ground to the extent of Rane insulting him and compelling him to walk on the muddy road.

"There is no material cross-examination which would falsify that Nitesh Rane made him to walk through muddy water. As far as the incident of making informant Prakash Shedekar walk through the muddy water is concerned, his evidence is consistent and reliable. Therefore, it is sufficiently proved that accused No.1 Nitesh Rane made informant Shedekar to walk through the muddy water," the judge held.

The judge opined that since Shedekar was working as Sub Divisional Engineer in NHA and was holding high post in NHA and despite that he was made to walk through the muddy water in public. "It would have certainly humiliated, insulted him. The act of accused No.1 Nitesh Rane compelling Shedekar to walk through the muddy water was nothing but intentional insult to him. It is fact that Shedekar, had not responded to it. He had not committed any act in provocation. Obviously, at the relevant time he was overpowered by accused No.1 Nitesh Rane. Thus it is proved that accused No.1 Nitesh Rane intentionally insulted informant Shedekar," the judge held.

With these observations, the court disposed of the case.

Appearance:

Additional Public Prosecutor RV Desai appeared for the State.

Advocate SD Desai represented Nitesh Rane.

Case Title: State of Maharashtra vs Nitesh Narayan Rane

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