HC denies bail to politician, says right to participate in elections is not a fundamental right | Mumbai News

MUMBAI: The Bombay High Court on Thursday denied interim bail to BJP leader Digambar Agawane, who is facing serious criminal charges including fraud and attempt to murder. Agawane was arrested in January for allegedly misleading investors to fund his fake companies and obtain large loans. The Enforcement Directorate (ED) has initiated an investigation into him based on numerous complaints.

Agawane argued that he was falsely accused by a political rival who he claimed orchestrated these cases against him. He also asserted that he has the right to contest the upcoming Maharashtra Assembly elections, citing a Supreme Court ruling that allowed former Delhi Chief Minister Arvind Kejriwal to campaign while out on bail.

Despite his arguments, the court pointed out that the right to participate in elections is not a fundamental right and noted that Agawane could still run for office from prison.

The special prosecutor opposed Agawane’s bail application, highlighting his extensive criminal history and the seriousness of the charges against him. The prosecution argued that Agawane had to prove that he would not commit further crimes to qualify for any bail under the Prevention of Money Laundering Act (PMLA).

Judge Pitale noted the serious charges against Digambar Agawane, including those under the Maharashtra Protection of Interests of Depositors (MPID), Maharashtra Control of Organized Crime Act (MCOCA) and the Maharashtra Money Lending Regulation Act (MMLR).

Judge Pitale emphasized that Agawane is not a prime minister or a prominent leader of a national party, and that the right to participate in elections is not a fundamental right. Therefore, the judge denied Agawane’s request for interim bail.