‘No Special Citizens’, says HC as State fails to arrest Minister’s Son in Poll Violence case

On Thursday, the Bombay High Court sharply criticised the Maharashtra government for its inability to arrest Vikas Gogawale, son of cabinet minister and Shiv Sena MLA Bharat Gogawale, in a poll-related violence case, warning that continued police inaction was eroding the rule of law and raising serious questions about equal treatment before the law.

The proceedings arise from violent clashes reported on polling day during the Mahad Municipal Council elections in Raigad district, where rival political groups allegedly defied prohibitory orders, leading to cross-FIRs accusing both sides of threats, assault, and firearm use. Vikas Gogawale and others were named in one FIR, while the rival camp, including an NCP leader’s son, was named in the other.

Despite non-bailable warrants, proclamations, and the High Court’s earlier refusal to grant anticipatory bail to Vikas, citing political influence, the police have failed to secure his arrest, prompting the court to question how an accused with such proximity to power could remain beyond the reach of the State machinery.

Justice Madhav Jamdar expressed deep concern over the State’s explanations, observing that the material on record showed systemic failure rather than genuine incapacity. Emphasising constitutional equality, the court remarked, “All are citizens. There are no special citizens,” and noted that the continued absence of the accused had “adversely affected” the rule of law in Maharashtra.

The Bench was unconvinced by affidavits citing best efforts and pointed to public statements suggesting the accused was in contact with his father, yet unexplainedly beyond arrest. Closing the hearing, the court directed that Vikas Gogawale must surrender before the next date and adjourned the matter accordingly.

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