Affidavit case: Fadnavis appears before Maha court, gets bail

Former Maharashtra Chief Minister Devendra Fadnavis appeared before a Nagpur court on Thursday

in connection with a complaint seeking criminal proceedings against him for non-disclosure of criminal cases in his 2014

election affidavit. Chief Metropolitan Magistrate P S Ingle recorded the

BJP leader's appearance before the court and granted him bail on a personal bond of Rs 15,000.

The magistrate had given the last chance to Fadnavis to appear before the court on Thursday.

"The presence of the accused (Fadnavis) is secured. The offences are bailable. There is no apprehension of him

absconding. Hence, bail is granted," Magistrate Ingle said. The court was hearing an application filed by advocate

Satish Uke, seeking criminal proceedings to be initiated against Fadnavis for alleged non-disclosure of criminal cases

registered against him in his election affidavit in 2014. Fadnavis was granted exemption from appearance on four

earlier occasions since November 2019. The court has now posted the matter for further

hearing on March 30. Later, Fadnavis told reporters outside the court

premises that his poll affidavit was filed by his advocate. "The two cases against me are for carrying out public

protests and not any personal or private complaint against me," Fadnavis said, adding that the cases have already been

settled. He also said there was no malafide intention behind

not disclosing the two cases in the poll affidavit. Claiming that the complaint seeking criminal action

against him is "politically motivated", Fadnavis said, "I know who is behind this."

Uke alleged that Fadnavis, in his election affidavit filed in 2014, failed to disclose the pendency of two criminal

cases against him. The Supreme Court earlier this week reserved its order

on an appeal filed by Fadnavis, seeking it to reconsider its 2019 verdict asking him to face trial for allegedly failing to

furnish details of the two pending criminal cases against him in his 2014 affidavit.

Fadnavis in his appeal claimed that the law stipulates for disclosure of details about criminal cases only if charges

are framed in those cases and on conviction. In its judgment on October 1, 2019, the apex court set

aside the Bombay High Court order which gave a clean chit to Fadnavis and held that he did not deserve to be tried for the

alleged offence under the Representation of the People (RP) Act.

The verdict had come on an appeal by Uke, who had challenged the high court's order.

The apex court in its October 2019 order directed that a magistrate's court in Nagpur district consider afresh the

complaint filed by Uke, seeking criminal proceedings to be initiated against Fadnavis under section 125-A of the RP Act.

Section 125-A of the RP Act deals with the penalty for "filing false affidavit", and says if a candidate or his

proposer fails to furnish or gives false or conceals any information in his nomination paper on issues like pending

criminal cases, then the person may be awarded six months jail term or fine or both.

Uke had initially moved a magisterial court which dismissed his complaint against Fadnavis on September 7, 2015.

He later moved a sessions court in Nagpur which remanded the matter to the magisterial court for a "de novo"

(afresh) consideration. Aggrieved by the sessions court order, Fadnavis moved

the Bombay High Court, which on May 3, 2018 set it aside.