Mumbai: Mayor and BJP corporator Ritu Tawde and two co-accused were granted exemption from personal appearance by a sessions court on Wednesday, but each was ordered to pay Rs 1,000 due to their repeated absence from proceedings in the 2016 Shastri Nagar municipal school assault case.Additional sessions judge Gopal G Bhansali directed Tawde, Zakiruddin Sayyed and Surendra Mishra to deposit the cost with the govt within a week and remain present on Nov 2 for the framing of charges, warning that in case of default, it “may issue warrants and cancel bail bonds”.The order also recorded Nov 2 as the next hearing date fixed for Tawde’s convenience at the defence’s request. Tawde’s advocate submitted that she was the “first citizen of Mumbai” and had a busy schedule because of BMC functions. The advocate also submitted that Sayyed and Mishra were social workers and were busy with their own schedules.On Sept 23, the court had granted an exemption application for Tawde and three co-accused with a cost of Rs 300, noting the accused were continuously absent and filing for exemptions despite being given a last chance.While allowing the applications on Wednesday, the judge recorded that the incident is from 2016, the chargesheet was filed in 2017 and the matter was committed to the court for trial in 2019. “Continuous absence of accused reflects their behaviour to protract the trial. Yet charge is not framed. But advocate… is praying for permanent exemption. Considering social status of accused, no non-bailable warrant is issued, and hope to co-operate the court to expedite hearing,” the judge said.The prosecution opposed the applications. Additional public prosecutor Iqbal Solkar submitted that on the last date, the court had imposed a cost of Rs 300 for exemption and that the amount was to be credited to govt. The prosecution said the matter was seven years old and alleged that the accused were intentionally avoiding appearance before the court.An advocate for three other accused said his clients attended regularly, but were suffering because of the others’ absence.The court further observed, “After framing charge, accused may pray for permanent exemption subject to hearing to be conducted in absence, without challenging identification of accused and no witness will be returned back without cross-examination.”The case arises from an alleged incident in 2016 at a municipal school in Shastri Nagar. According to the prosecution, a dispute linked to the transfer of a teacher escalated into a physical confrontation. Tawde and others are accused of using criminal force against school staff members during the incident.The alleged victims have identified Tawde as one of the aggressors. At an earlier stage, while directing the matter to proceed towards trial, the court had observed that the material on record was “more than sufficient to frame charge against the applicant” and noted that the victims had “categorically named” Tawde as the person who assaulted them.
