[INS Vikrant fund misappropriation case] BJP’s Kirit Somaiya granted interim relief by Bombay High Court

The Bombay High Court on Wednesday granted interim relief to Bharatiya Janata Party (BJP) leader Kirit Somaiya in connection with a case of misappropriation of funds registered by the Mumbai Police [Kirit Somaiya v. State of Maharashtra]..Somaiya and his son have been booked for allegedly misappropriating over ₹50 crores collected to save the aircraft-carrier INS Vikrant from being decommissioned.Justice Anuja Prabhudessai ordered that in the event of arrest Somaiya be released on bail upon furnishing a bail bond of ₹50,000. The Court sought a response from the State of Maharashtra on the plea, and directed that the protection to Somaiya will continue till the next hearing. He was directed to remain present for interrogation in the office of the Economic Offences Wing (EOW) at Mumbai for 4 days from April 18, 2022, from 11 am to 2 pm. With this interim relief, the Court granted the State two weeks time to file a reply..Senior Advocate Ashok Mundargi appearing for Somaiya stated that he received a notice under Section 41A of the Code of Criminal Procedure, and that it is a highly politicised matter. He argued that ship had to be converted into a museum, which required ₹300 crores. In view of this, all political parties started collecting funds to save the ship from being decommissioned. Mundargi told the Court that a Right to Information expert Dhirendra Upadhyay had made a query to the Governor if money was deposited and he was informed that no money for such purpose was deposited. "The figure is important. Where this amount of ₹57 crore was stated by a political leader...? No one knows. After this happens on April 6, 2022, the next day an ex-serviceman registers an FIR and the complainant is set up by a political party," Mundargi submitted. Mundargi admitted that such a programme was held symbolically and there was no clarity on how the figure of ₹57 crore was arrived at. "It is being constantly said that the father-son duo will land up in prison and rooms have been reserved for them", Mundargi stated.Relying on Somaiya's tweets, Mundargi stated that 'Mumbaikars' were ready to contribute ₹140 crores. "Because of this, the lower court concluded that ₹140 crores have been collected. There is neither any material to show that ₹57 crores was collected and neither was ₹140 crores. Somaiya has been provided Z security by Central government, he cannot abscond..." Mundargi said. .Senior Advocate Shirish Gupte appearing for EOW, Mumbai Police informed that since Somaiya's whereabouts were not known and the Section 41A notice had to be pasted on Somaiya's house. Gupte pointed out that the amount may be ₹140 crores or ₹57 crores but it was ultimately public money and requires to be investigated. He argued that the Governor's office had responded that it had not received any money which meant it was important to check where the money had gone. .After hearing all submissions at length, the Court concluded that prima facie it seemed that the allegations in the FIR were based on media reports. When Mundargi assured the Court that Somaiya will co-operate with the investigation, it proceeded to grant him conditional relief.