The Bombay High Court on Thursday expressed concerns over an “adversely affected rule of law” and questioned the Maharashtra government for not arresting Vikas Gogawale, son of cabinet minister and Shiv Sena MLA Bharat Gogawale, who is named in cross-FIRs over a violent clash between rival political groups of Shiv Sena and NCP during the Mahad Municipal Council elections in Raigad district last month.
Over an hour after the court pulled up the government, its lawyer informed the bench that the minister’s son would be contacted by his father and “he will surrender by Friday morning”.
“He is a cabinet minister and his son is absconding and police are not able to arrest him. So, this is the position of rule of law in the state of Maharashtra? This is political and the offences are also related to election process. If government wishes, it can arrest anybody within 24 hours,” Justice Madhav Jamdar orally remarked.
“Why minister’s statement is conveniently not recorded? The Chief Minister is so helpless that he can’t do anything? The position on record clearly shows that the rule of law in the state of Maharashtra is adversely affected,” Justice Jamdar said.
According to the prosecution, the clash erupted on December 2, 2025, on polling day despite prohibitory orders in place. The HC had last month denied anticipatory bail for Vikas Gogawale, his cousin Mahesh Gogawale, and others, terming the offence “very serious” and highlighting their influence.
On Thursday, when the hearing began at 3 pm before a single-judge bench of Justice Jamdar, the judge questioned why the minister’s son had not yet been arrested.
“Today I read in the newspaper that this Minister is going to hoist the flag on January 26. This minister is given that honour. Why? He is a cabinet minister in the state of Maharashtra, and his son is absconding. Police are not able to arrest him. So, this is the position of rule of law in the state of Maharashtra? Why? He (Vikas) is not an ordinary person and the minister is still in the cabinet,” the judge orally remarked.
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The court asked the government lawyer to take instructions from the minister and even the Chief Minister over the issue.
Advocate General Milind Sathe submitted that the probe was being carried out by several teams deployed to trace the accused, warrants had been issued, and their properties would also be attached as per the process.
The judge was also informed about a news report quoting the minister claiming his son was not absconding and was in contact with him. The court noted that accused had filed nomination for the upcoming Zilla Parishad polls, which irked the bench. Sathe said the nomination was filed through a proposer.
“The position on record clearly shows that the rule of law in the state of Maharashtra is adversely affected,” the judge said. He suggested that the son should surrender to the police. “There are no special citizens,” he added.
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After taking instructions from Minister Gogawale, AG Sathe said at 5 pm that the minister would connect with his son, who would then surrender. The court adjourned the matter to Friday, ordering, “First matter on board. Before that ask him to surrender.”
What was the case?
The case stems from an incident on December 2, the day polling was underway for the Mahad Municipal Council, when prohibitory orders were in force. Clashes broke out between supporters of Shiv Sena (Eknath Shinde faction) and the NCP (Ajit Pawar faction).
Cross-FIRs were registered against both factions on December 2, 2025. One FIR named Vikas Gogawale, Mahesh Gogawale, and others, while another was filed against Shreeyash Jagtap, son of former MLA Manik Jagtap from NCP, and their supporters.
The NCP claimed that Vikas Gogawale and Sena supporters approached them on motorcycles, threatened them, and assaulted Jagtap’s supporters at another polling booth.
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The Sena faction, in their FIR, alleged that while returning home after visiting polling centres, one NCP worker allegedly threatened to kill them and fired a pistol at the Gogawale cousins, which misfired, leading to a clash between rival supporters.
The HC continued interim protection from arrest for Shreeyash Jagtap till Friday.
