Bombay HC

AMN / Mumbai

The Maharashtra government Tuesday told Bombay High Court that Macchindre Shirke , the man who claimed to be a ‘gau rakshak’ in fact a criminal and he his facing several cases with serious offences such as culpable homicide, theft and property feuds.

Denying the allegations that the police in Malegaon had ordered the externment of Shirke as they were opposed to his cow protection efforts, in an affidavit, the state government submitted that it had inquired into the allegations of Macchindre Shirke that he was being targeted because of his efforts towards cow protection.

The inquiry revealed that Shirke had a criminal history and several serious cases were registered against him, the state government said.

As per the affidavit, when the local police approached the Sub-Divisional Magistrate’s office to initiate proceedings of externment against Shirke, an inquiry officer was appointed to probe the case.

However, he failed to appear before the officer the state’s lawyer told the court. He held much power in the local community and was disturbing the peace in an area that has a substantial Hindu as well as Muslim population, it said.

Shirke had alleged that he was externed from his village in Malegaon as well as from the entire Nashik district for a year because he had had lodged over 40 FIRs against people involved in cow trafficking, smuggling and slaughter.

“The petitioner (Shirke) has several cases against him dealing with serious offences such as culpable homicide, theft and property feuds. However, because of the power he wields among the locals, several witnesses were hesitating to testify against him,” said the affidavit, signed by Malegaon’s sub-divisional officer.

“Therefore, the police ordered that he stay away from the village for two years to ensure that they could question witnesses freely while probing the criminal cases against him,” it said.

“After going through the case papers, and the police and the inquiry officer’s report, I was satisfied that the petitioner regularly indulged in criminal activities,” the sub-divisional officer said the affidavit.

He held much power in the local community and was disturbing the peace in an area (Malegaon) that has a substantial Hindu as well as Muslim population, it said.

“He has at least nine cases of serious offences registered against him. Thus, the order of externment was justified and not at all excessive,” the affidavit said.

He had alleged that he was externed from his village in Malegaon as well as from the entire Nashik district for a year because he had had lodged over 40 FIRs against people involved in cow trafficking, smuggling and slaughter. He had urged the HC to quash the externment order.