3 days ago
Ex-minister Kadu gets 3 months in jail for assault on IAS officer
Mumbai: Observing that, however noble the intention, one cannot address a public servant in such a manner or threaten him with harm to life or reputation, a special court for MPs and MLAs on Tuesday convicted and sentenced former MLA and former state minister Bacchu alias Omprakash Babarao Kadu to three months' simple imprisonment for assaulting and criminally intimidating an IAS officer in 2018.
The incident occurred when Kadu, upset about the 'Mahapariksha' conducted by the Maharashtra IT Corporation, attacked Pradeep P, then director of the information and technology department, an IAS officer.
"Entering the cabin of a senior public officer, engaging in heated arguments, lifting the officer's iPad, and gesturing to hit him clearly amounts to 'assault' within the meaning of Section 351 (of) IPC. This was not a casual act, but one that conveyed the intention to cause harm, sufficient to constitute the offence of assault," special judge Satyanarayan R Navander said.
The judge further noted that "merely because the accused was a sitting MLA, he did not have any licence to deter a public servant by criminally intimidating him or by making an assault in his office.
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Kadu, who was out on bail, was also fined Rs 10,000. After his lawyer submitted a plea, the judge suspended his sentence, enabling him to file an appeal in Bombay high court.
Sentencing the 55-year-old accused, the judge noted punishment should not only be a lesson for the offender but also for others who might consider similar actions.
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"The accused was a sitting MLA. Many avenues were open for him. He could have addressed his grievance even directly through the chief minister. Instead of choosing the appropriate and legitimate way, he went to the office of the informant (IAS officer) and in an unsuited fashion, made an assault, thereby maligning the image not only of the officer but the govt itself," the judge said.
In a 26-page judgement, the judge highlighted the critical role of IAS officers in the country's governance, including their involvement in public administration and policy implementation.
The judge said, "No doubt, there can be grievances about governance or management of a particular department or even regarding conducting the examinations during recruitment processes of the govt. That does not mean that any representative of the people would go to such an officer and attack him violently, thereby intimidating the officer and disrupting his business.
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The judge further said that considering the nature of the public duty of officers, Section 353 of the Indian Penal Code (IPC) is designed to protect them from assault or criminal force while they are performing their duties without fear of intimidation or violence. "The object of punishment as such is not only to give understanding to the accused but also to the prospective wrongdoers that the office of administrative officers should be respected and legal ways be chosen for addressing the grievances," the judge said.
Special public prosecutor Ramesh Siroya cited five witnesses.
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