Mumbai: Milind Deora acquitted in 2019 poll code violation case

MUMBAI: Three years after former Union minister for state Milind Deora was accused of violating the rule of code of conduct in force during the 2019 general elections, a magistrate’s court acquitted him after the CD containing a recording of the alleged violation was not produced. “Non-production of CD totally falsifies the case of prosecution. Hence, prosecution has failed to prove its case beyond reasonable doubt against the accused,” metropolitan magistrate P I Mokashi said.
The prosecution had alleged that in April 2019, in a byte to the media, within 48 hours from the time voting was to commence, Deora had said, “I appeal to all voters of south Mumbai to please elect good clean candidate, somebody who can represent effectively, who can raise the constituency profile and restore south Mumbai’s voice once again.”
Among the four witnesses examined by the prosecution was the officer of code of conduct of Vidhansabha Matadar Sangh, Malabar Hill.He said on April 29, 2019, he received a letter from the chief election officer with a copy of complaint on Twitter and the CD. His senior officer directed him to lodge an FIR. In his cross-examination, the witness admitted that he did not know the contents of the CD and what Deora had uttered at the spot. He also said no complaint was filed against any other person from another political party.
A panch, who was present when the CD was allegedly seized, said he could not understand the speech in the video as it was in English and a police officer had explained it to him in Marathi. The court noted that, hence, this was hearsay evidence. The investigating officer said he had neither seen the contents of the CD nor collected CCTV footage of the incident.