Uddhav Sena MLA alleges unfair cross-examination procedure by Maharashtra Speaker

Uddhav Sena MLA alleges unfair cross-examination procedure by Maharashtra Speaker

Shiv Sena (Uddhav Balasaheb Thackeray) MLA from Mumbai, Sunil Prabhu, has alleged that Maharashtra Speaker Rahul Narvekar adopted an unfair procedure during the cross-examination related to disqualification petitions filed by Shiv Sena MLAs.

Prabhu shot off a written objection to the Maharashtra speaker expressing that even while his cross-examination had begun, he had not received any affidavits of evidence from the Eknath Shinde faction of the party during the hearing of the disqualification petitions being heard at the assembly these days.

The Speaker had granted the Shinde faction more time to file the affidavits, but the UBT group claimed that this put them at a disadvantage and accused the speaker of adopting an “unfair procedure” that was causing “grave prejudice” towards them.

Maharashtra speaker Rahul Narvekar began the cross-examination of UBT MLAs on November 21. Advocates representing the Chief Minister Eknath Shinde-led Shiv Sena cross-examined Prabhu, who was the party’s chief whip in the Legislative Assembly, and his statement was recorded. The cross-examination will continue this week.

Prabhu pointed out that by an order passed on November 2, 2023, the Speaker had permitted both sides of the Shiv Sena to file their list of witnesses and affidavits of evidence by November 18, 2023. The matter was fixed for November 21, for the commencement of cross-examination. The UBT group filed their list of witnesses and the main affidavit in evidence of the deponent on November 18. One witness’s affidavit was filed on November 19 by the UBT side as the party said that the witness had to travel from Pune to Mumbai for this.

“However, the Respondents’ (Eknath Shinde) group only filed their list of witnesses, but no affidavits in evidence were filed. No application seeking extension of time has been served on the deponent or his counsel till today,” pointed out Prabhu.

During the hearing on Tuesday, the speaker said that he had received an application from the Shinde group seeking further time to file affidavits of evidence, and he had permitted the same. Prabhu’s lawyer had objected to this time being granted on Tuesday but followed the action with a written affidavit too.

“In these circumstances. I am hereby placing on record my strong objection to the procedure adopted by the Speaker in entertaining the application of the Respondent group for additional time to file affidavits of evidence. The procedure adopted is unfair and violative of the principles of natural justice. It places the petitioner group at a disadvantage. The deponent’s evidence has already been filed and cross-examination has also begun,” said Prabhu.

The two-page affidavit said, “The unfair procedure adopted is resulting in an absurd situation which is causing grave prejudice to the petitioner’s group.”

ALSO READ | 25-year-old man dies by suicide over Maratha reservation demand