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The Bombay High Court on Wednesday granted interim protection from arrest to BJP leader Kirit Somaiya in an alleged case of misappropriation of funds to save INS Vikrant.
A single Bench of Justice Anuja Prabhudessai said, "The FIR indicates that allegations are mainly based on media reports. Though there is specific allegations of misappropriation of ₹57 crore, there is no material on record to indicate on what basis the complainant has arrived to said figure."
‘Complaint is vague’
The Bench said that prima facie, the complaint, based on media reports, was vague as there was no complaint between 2013 and 2022.
The court directed Mr. Somaiya to cooperate with the investigation. It said that in the event of arrest, he shall be released on furnishing a personal bond of ₹50,000. He must report to the police station for four days from April 18 from 11 a.m. to 2 p.m.
Senior advocate Ashok Mundargi, appearing for Mr. Somaiya, said this was a highly politicised matter.
Scrapping of vessel
The court said, “let’s not get into that”. Mr. Mundargi argued that there was a programme at the Churchgate railway station and a letter was sent to the Governor saying that ₹11,000 was collected to save INS Vikrant that was to be scrapped. The scrapping was to cost ₹60 crore and museum was to cost ₹300 crore.
The court asked, “when was this”.
Mr. Mundargi replied that it was in December 2003. He added that it was alleged that in 2022 a Right to Information plea was filed and a response was received from the Governor's office that during 2013-14, no money was deposited. Then there was a political leader's interview saying ₹57 crore was collected. It was followed by an FIR that was registered on April 7 by an informant who claimed to be an ex-Serviceman.
He pointed out a tweet by Mr. Somaiya that said Mumbaikars were ready to collect ₹140 crore. However, there was no evidence to show that either ₹57 crore or ₹140 crore was collected by him.
‘No response form Governor’s office’
The court asked if the money had been deposited. Mr. Mundargi said there was no response from the Governor's office. So it must have been deposited somewhere.
Mr. Gupte said this was public money. He and his son stood on the road.. ₹11,000 was just the tip of the iceberg. The court asked what about the figure of ₹57 crore. Mr. Gupte stated that Mr. Somaiya was not available ‘‘for us to find out’‘. The court said, “we will ask him to report to you”.
The matter was adjourned till April 28.
A special court on April 11 rejected Mr Somaiya's anticipatory bail plea and held that there were pictures to show that he had collected money in the name of the ship; there was a letter that stated that he was going to deposit the money with the Governor. However, he did not do so.
