Attack on journalist Nikhil Wagle: Despite evidence, CP, Pune Amitesh Kumar denies attempt to murder charge (S 307)

Despite the use of large stone boulders, hockey sticks, iron rods that smashed the back car window and cracked the front, and slogans asking “Pull Nikhil Wagle out, give him to us” from mobsters associated with the ruling BJP (Bharatiya Janata Party) and Ajit Pawar faction of the NCP—also allegedly organisations like the RSS-affiliated Akhil Bharatiya Vidyarthi Parishad (ABVP) and Patit Pawan Sanghatan –the Pune police states to the media that the offence of “attempt to murder” is not made out in the case lodged by senior journalist, Nikhil Wagle. In law, if the police does not include required sections in the final FIR, any complainant has the legal right to approach the Magistrate concerned under Section 156(3) of the CrPC.[1]

This stance of the Pune Police is disturbing given the fact that there were four violent attacks on the car carrying Nikhil Wagle and his colleagues in the space of half an hour from Prabhat Road, as they made their way to the Nilu Phule auditorium at the Rashtra Seva Dal campus, Singhad Road, Pune scheduled for 6 p.m. on Froday, February 9.

Wagle, Vishwambhar Chaudhary and Asim Sarode were to address a meeting titled “Fight for Democracy, Freedom of Expression” under the aegis of the Nirbhay Bano Andolan (NBA). In the detailed complaint made by Wagle and his colleagues post the attack, dated February 14, 2024, to the Pune police, they have outlined all details related to the harrowing experience and asserted that the following sections need to be inserted as sections in the first information report (FIR):

Section 307 for assault with intent to kill, Section 338 of IPC, Section 353 for obstruction of police office, Section 120B for conspiracy to commit serious offense against all those involved in various deadly attacks on their vehicle between 7 and 8 PM on February 9, 2024. The aggrieved complainants have demanded in the written complaint that the case also be registered under Sections 149, 147, 148 for rioting, 152 for assaulting police trying to stop riots and other sections of the Information Technology Act for assault with weapons and deadly objects.

The police has not recorded Nikhil Wagle’s statement so far.

A video of the attack posted by The Indian Express can be viewed here:

Nikhil Wagle has suffered six previous attacks, the last one being in 2009. By all accounts this one has been the most serious and life threatening. Post January 1993, Wagle and several others formed Nirbhay Bano Andolan in the wake of the terror prevalent in Mumbai (then Mumbai) by the mob violence generated by those belonging to the Shiv Sena against hapless minorities. This organisation has been revived post 2022 with Dr Viswambhar Chaudhary, advocate Asim Sarode and Nikhil Wagle addressing meetings against India’s growing intolerance and authoritarianism all over Maharashtra. So far, there have been 40 meetings of the NBA all over the state with only the one at Sinnar (Nashik) attracting any dissension,

As a backdrop to the targeted violence against Wagle and his colleagues on the evening of February 9, is his outspoken remark on twitter criticizing the grant of the Bharat Ratna by Narendra Modi’s government to former BJP President, Lal Krishna Advani. Thereafter, as their complaint narrates, on the morning of February 7, 2024, Sarode’s colleague, Utpal Chandawar informed the Parvati Police station of the proposed meeting and obtained a receipt. The police simply stated that “no inflammatory speeches should be made.” The same evening, a letter was given by the city BJP to the police that if Nikhil Wagle comes to Pune and delivers a speech, the meeting would be disrupted. Before that Dheeraj Ghate had publicly “opposed” Wagle’s meeting stating he was “hurt” by the latter’s statements.

Asserting in the complaint to the police, their right to free expression and criticise the government and its policies, Nikhil Wagle has also narrated the detailed happenings that happened that day.

Between 3-7 p.m. approximately, a posse of close to 40 plainsclothes police men (Special Branch, IB) accompanies senior officers from the police station (SP rank official, Senior PI, PSI) who tried to detain the speakers (claiming public order). “This was nothing short of an illegal detention or house arrest”, the complaint states since it was the legal obligation of the Pune police to detain and control disruptors and allow dissenting opinions free expression, states the complaint.

Finally, running out of patience, around 7 p,m. Wagle and others insisted on leaving for the meeting wherin first 50 odd SB policemen in plainclothes tried to physically prevent them. When they insisted that either you arrest us or allow us to go, they proceeded with no vocal assurance from the present policemen of any protection.

Caption: Senior Journalist Nikhil Wagle shares with Sabrang, how the deadly attack occurred, what took place before that, and why he thinks this happened.

Details of the attack:

It was around 7 p.m. that Nikhil Wagle, Asim Sarode, Adv. Shriya Awle and Dr Vishwambhar Chaudhary sat in the car (Nos MH 12 JM 5566 belonging to Balkrishna Nidhalkar) and driven by Vaibhav, left Sarode’s home around 7.30 p.m. Adv. Balkrishna Nidhalkar left with us in another Innova car. Starting with some police vehicles behind them from Prabhat Road and immeidtaely realised there was something seriously wrong. On the way, the car was attacked at four places on the road. The first attack took place near Irani Cafe on Prabhat Road. BJP goons on motorbikes and their street companions threw stones and eggs at the car. They were sitting in lane number 4. They were on a motorcycle beside our car.

Then, at the point where Bhandarkar Road meets Karve Road, near Rajhans Hair Salon, the second attack took place, Vaibhav took the car towards Khandoji Baba Chowk, Deccan Corner. Hoodlums from the BJP, ABVP, Patit Pawan Sanghanata and Ajit Pawar faction of the NCP reported climbed on the car bonnets, splashed ink, smashed eggs on the glass of the car, some plainclothes policemen were trying to remove these goons with police batons in their hands but we could see them from inside the car pushing these goons away. Another 25-30 mobsters, identified to be with the BJP, were stationed where Prabhat Road joins Karve Road. They stopped our car and started breaking the glass by hitting the car with sticks and rods. They were attacking the police.

The complainants were then forced to take the car in reverse as smoke bellowed out. There was also some firing from the police. A mobster named Raghavendra Bapu Mankar was identified flinging himself across the car and smashing the mirror on the side of the driver with a stick. Turning, the driver now drove the car towards the SM Joshi Hall through Karve Road, Garware College; there was a traffic jam, so we took the car from Vaikuntha and from there we headed towards Lal Bahadur Shastri Road. Through this whole bizarre effort where car traffic is visible, Advocate Balkrishna can be seen running in front of the car on the Nidhalkar road and guiding the driver where to take the car.

Then, a little further on they were again attacked on Lal Bahadur Shastri Street. Former MLAs in the state assembly, Yogesh Tilekar and Ganesh Ghosh have been identified as trying to obstruct the car and thereafter others like Datta Sagare, Swapnil Naik, Rahul Paigude, Girish Mankar too. Swapnil Naik was actually kicking at the car glass and pelting stones at the car. A big stone or paver block was thrown on the front glass, the car was smashed from behind and then some were trying to insert rods, sticks through the broken glass to hurt us.

At this time, activists of former mayor Prashant Jagtap of Nationalist Congress parent party, city president of Congress Arvind Shinde, Sunil More of Shiv Sena, Gajanan Tharkude and original Shiv Sainik Rahul Dumbale, Ambedkari activists, Jambuwant Manohar of Youth Revolution Dal were trying to stop the attack on the car. Apart from advocate Balkrishna who was running in front of our car risking her life while another woman activist, Bhakti Kumbhar was bravely guarding the car inmates, clearing the road and preventing the goons from coming near our car. Later in a video it has seen that she was also beaten up by the NCP Ajit Pawar group and BJP goons. Also these goons attacked and injured the girls Shraddha Jadhav, Rituja Deshmukh, Rupali Shinde, Payal Chavan who also tried to save Wagle and others, states the complaint.

Despite the sheer brutality and viciousness of the attack on Wagle and his colleagues as also women who tried bravely to step in to protect them, the Pune police is shockingly refusing to register the maginitude of the crime.

Finally, in the complaint Wagle concludes,

“We experienced street terror of thugs of BJP, ABVP, Patit Pawan Organization, Nationalist Congress Ajit Pawar group for about twenty five minutes. On three occasions we felt that we were dying. Imagine more than forty to fifty people chasing five people with sticks, rods, stones, bricks at different places. BJP goons created terror on the streets. The people around were watching this outcry with horror. When there were other naysayers on the street, these BJP thugs were loudly abusing me in my name…

“This attack was to kill me and it was a terrorist attack, deadly. But we all escaped and reached the synagogue. I gave my speech as planned.

After the attack, BJP goon Dheeraj Ghate tweeted that his intention was successful.

Wagle’s complaint also raises a pertinent issue that, “if a letter was given to the police by gangster Dheeraj Ghate two days before the meeting, why was no action taken against those who gave the letter then? Also a goon named Shivam Balavadkar has also threatened me through his Facebook.”

The Original Complaint may be read here.

[1] In Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage and Others,[8] it was observed that if a person has a grievance that his FIR has not been registered by the police, proper investigation is not being done, then the remedy available to the aggrieved person is not to go to the High Court under Article 226 of the Constitution of India, but to approach the Magistrate concerned under Section 156(3) Cr.P.C.

Related:

BJP’s Nitish Rane says Nikhil Wagle ‘got away easily’

Media fraternity stands with Nikhil Wagle after attack, EGI, PCI, NWMI release statements in support

Nikhil Wagle, others attacked in Pune as police watches, meetings of Nirbhoy Bano gather large crowds