Bombay High Court Slams ACB, Declares Former VVCMC Chief's Arrest Illegal in Building Scam

In a significant legal development that underscores the critical importance of due process, the Bombay High Court has unequivocally declared the arrest of former Vasai Virar City Municipal Corporation (VVCMC) chief Satish Lokhande in a sprawling illegal building scam as "illegal." This powerful ruling serves as a stern rebuke to the Anti-Corruption Bureau (ACB), highlighting glaring procedural lapses in their investigation and action against a public servant.

The division bench of Justices Revati Mohite Dere and Gauri Godse did not mince words, asserting that the ACB had overstepped its bounds by arresting Lokhande in February 2022 without first securing the mandatory prior sanction from the state government.

This fundamental misstep, the court held, rendered the entire arrest unlawful, effectively dismantling the foundation of the ACB's actions in this high-profile case.

Lokhande, who served as the VVCMC Commissioner between 2014 and 2016, found himself embroiled in allegations of approving illicit structures erected by Jagannath Mhatre, purportedly a relative of influential NCP leader Hitendra Thakur.

The accusations painted a picture of a nexus facilitating unauthorized construction, leading to a major corruption probe that saw Lokhande's incarceration.

However, the High Court’s keen scrutiny focused on Section 17A of the Prevention of Corruption (PC) Act, a crucial safeguard that mandates prior approval from the competent authority before any inquiry, enquiry, or investigation can be initiated against a public servant for acts related to their official duties.

The ACB’s contention that Lokhande's alleged actions constituted a "trap case" – thus exempting them from the sanction requirement – was swiftly dismissed by the court. The judges clarified that Section 17A applies unequivocally to actions committed by public servants in their official capacity, regardless of the nature of the alleged offence, especially when it pertains to past acts.

Justice Dere, while dictating the order, emphasized the specific language of Section 17A, which states that "no police officer shall conduct any inquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under this Act, where the offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval" of the appropriate government.

The court observed that the ACB’s argument was fundamentally flawed as Lokhande's alleged misconduct pertained to decisions made during his tenure, not an ongoing trap.

This landmark judgment not only grants a significant reprieve to Lokhande, who was ordered to be released immediately on a bail bond, but also delivers a powerful message to investigative agencies across the board.

It serves as a reminder that even in the pursuit of justice against corruption, due process and legal mandates cannot be bypassed. The court explicitly stated that Lokhande is now at liberty to pursue compensation for his wrongful arrest, opening avenues for further legal recourse.

The implications of this ruling are far-reaching.

It reaffirms the judiciary's role in upholding the rule of law and ensuring that state agencies adhere to the highest standards of legal procedure. For the Anti-Corruption Bureau, it necessitates a re-evaluation of their investigative protocols, particularly when dealing with public servants and the delicate balance between fighting corruption and respecting constitutional safeguards.

This decision marks a pivotal moment, underscoring that no arrest, however seemingly justified, can stand if it breaches the fundamental tenets of legal procedure.