Bombay High Court Grants Relief To Suresh Kakani

Mumbai, 9th January 2023: After Mumbai Municipal Corporation Commissioner Iqbal Singh Chahal, the High Court on Monday granted relief to the retired Additional Commissioner of the Municipal Corporation, Suresh Kakani, in the case of forced vaccination. The court on Monday stayed the criminal proceedings initiated by the magistrate. Due to the court’s decision, Kakani got immediate relief.

The case was filed by social activist Amber Koiri (51), alleging that the vaccination was forced to benefit the vaccine companies and endanger the lives of the complainants and citizens in willful disregard and violation of the guidelines laid down by the National Authority under the Disaster Management Act, 2005. A petition seeking non-bailable warrants against former Chief Secretary Sitaram Kunte, Brihanmumbai Municipal Commissioner Iqbal Singh Chahal and Additional Municipal Commissioner Suresh Kakani was filed in the Mulund Magistrate’s Court. Taking cognizance of the petition, Judge P. K. Raut fixed the hearing on 11th January and issued summons to all three. Kakani approached the High Court claiming that the order of the magistrate court was illegal.

Justice R. G. Kakani’s petition came up for hearing on Monday before the single bench of Avachat. At that time, senior advocate Manoj Mohite told the court on behalf of Kakani that the High Court had earlier granted relief to Chahal in the same case. The court took note of Kakani’s statement. The magistrate adjourned the criminal proceedings against Kakani for four weeks. The hearing was adjourned after issuing a notice to the defendants.

Prior consent is required under Section 117 of the Criminal Penal Code to take legal action against an officer serving in a government position for dereliction of duty; this section also applies to retired officers. However, Kakani has claimed in the petition that the order passed by the magistrate court without taking any prior consent is illegal.

No prior consent has been taken even while taking action against the government official under the Disaster Management Act. Also, a copy of the restraining order complained against has not been enclosed. The petition has also sought that the Magistrate’s Court has not considered these matters while passing the order, hence the order passed by it should be quashed.