In a significant legal setback, a sessions court has rejected the discharge plea of city mayor Ritu Tawde in connection with a 2016 case involving the alleged assault of school teachers. The ruling clears the way for trial proceedings to begin.
The order was pronounced on March 12 by Additional Sessions Judge Y.P. Manathkar, who observed that there is sufficient material on record to frame charges against Tawde.
Witnesses Directly Name Tawde
The court noted that the two victims in the case had “categorically named” Tawde as the person who physically assaulted them inside the school premises. Statements from multiple witnesses also identified her as one of the assailants, strengthening the prosecution’s case.
The judge emphasised that at this stage, the court is only required to determine whether there is enough material to proceed, not to decide guilt or innocence.
2016 School Incident Explained
The case dates back to July 29, 2016, and relates to an incident at an Urdu-medium municipal school in Shastri Nagar, Vakola, located in Santacruz (East), Mumbai.
According to the prosecution, the dispute began after the transfer of a teacher, Shahin Khan, to another school in Bandra-Kurla Complex. Khan was reportedly unhappy with the transfer, particularly as she was undergoing treatment for cancer.
It is alleged that Tawde, along with six others, confronted the school headmistress and staff over the issue, which escalated into a heated argument and later violence.
Allegations of Assault on Teachers
The prosecution claims that during the altercation, the accused used criminal force and assaulted two teachers — Mohd Yakub Rahid and Nadim Ahmed Shaikh.
An FIR filed by headmistress Sharifa Momin stated that the accused slapped the teachers and attempted to obstruct them from performing their duties, leading to charges related to assault on public servants.
Defence Claims Political Motive
During the hearing, Tawde’s defence argued that her presence at the scene was coincidental and claimed that her political position was being used to gain publicity. The defence also highlighted a 13-day delay in filing the FIR, suggesting that the complaint was driven by political vendetta.
Additionally, it was argued that there was no criminal intent, or mens rea, behind the alleged actions.
Court Says Trial Must Proceed
Rejecting these arguments, the court relied on statements from seven witnesses, including eyewitness accounts, which clearly pointed to Tawde as the main aggressor.
The judge observed that if the available material raises “grave suspicion,” it is sufficient to frame charges. “If two views are possible and the material gives rise to grave suspicion, the court is justified in framing charges,” the court said.
With the discharge plea dismissed, Ritu Tawde will now face trial, marking a crucial development in the long-pending case.
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