In a stern message on the sanctity of law enforcement institutions, the Bombay High Court on Tuesday rejected the bail plea of former BJP MLA Ganpat Gaikwad, who was arrested for allegedly opening fire on Shiv Sena leader Mahesh Gaikwad inside a police station last year. The court described the act as “shocking” and “unacceptable in a civilised society.”
Justice Amit Borkar, while dismissing the bail application, observed that the incident did not merely involve gunfire. According to the prosecution, Ganpat Gaikwad, after noticing that the victim was still alive, sat on his chest and assaulted him with the butt of his revolver. “Such an act, if taken to be true, demonstrates not only an intention to kill but also reveals the applicant’s determination to ensure fatal consequences, irrespective of the location and presence of police officers,” the judge noted.
The court underscored the gravity of violence within a police station, calling it an attack on the very foundation of the rule of law. “A police station is not a battlefield, and an ordinary citizen, more so a former MLA, is not expected to visit a police station carrying a weapon, unless there is a deliberate intention to use it,” the court remarked.
Justice Borkar emphasised that incidents like these seriously erode public trust in the justice delivery system and embolden those who believe they can override the law through political influence or violence. “It creates an atmosphere of fear and lawlessness and sends a wrong message that even the police machinery can be rendered helpless in the face of political power or group violence,” he said.
The court also rejected bail pleas of Gaikwad’s bodyguard Harshal Kene and two other associates, Kunal Dilip Patil and Nagesh Deepak Baderao, who are accused of aiding and facilitating the assault.
The prosecution alleges that on February 2, 2024, two rival political groups gathered at the Hill Line Police Station in Ulhasnagar, Thane district, amid a dispute. As the situation escalated, Ganpat Gaikwad allegedly pulled out a revolver concealed in his waist and opened fire on Mahesh Gaikwad, the Kalyan unit president of the Shiv Sena (Shinde faction), injuring him and one associate.
The incident occurred inside the cabin of the Senior Police Inspector Anil Jagtap, who had briefly stepped out during the altercation. The accused were arrested on charges including attempted murder and unlawful assembly with intent to create terror.
While considering the bail plea, the court also took note of Ganpat Gaikwad’s political connections, stating that his wife is a sitting MLA. This, the bench noted, could potentially create an atmosphere of fear or influence among witnesses.
Calling the case “one which shakes the very foundation of the rule of law,” the court reiterated that while personal liberty is vital, it cannot become “a passport for commission of serious crimes.”
The case will now proceed to trial, with the accused remaining in judicial custody.
