Education dy director not yet arrested.

TNN; Apr 8, 2011,

NAGPUR: Though the Nagpur police would have you believe that they are on the top of their game all the time, their pace seems to have been bogged down in one particular case.

On March 24, Sitabuldi police registered an FIR against deputy director (education) Mahesh Karajgaonkar and three others. Case was registered under various sections including the non-bailable IPC 120b (criminal conspiracy). However, over two weeks later the police have not yet moved to arrest either of the accused.

The case pertained to allegations that Karajgaonkar's department was releasing salary payments to a school which had been de-recognized.

DCP (Zone 1) Kailash Kanse was evasive when TOI questioned him about the reasons for the delay. "This case was registered following directions from the court, but we cannot arrest him till we find evidence," said Kanse.

However, when questioned why the cops registered a non-bailable offence if the police were not going to arrest the accused, Kanse seemed to be at a loss for words.

Kanse first clearly said the court had said the accused should not be arrested till evidence is found, but later backtracked. Kanse then disconnected the phone abruptly saying he was busy in a meeting. Kanse did not reply to further calls and messages.

While Karajgaonkar spoke to TOI at length, he refused to part with any information. "You should ask the Sitabuldi police station the details of this case. I will not tell you anything, whether about my reply or what my next legal step would be. Also, whether or not I file for anticipatory bail is something I will not disclose to anyone," said Karajgaonkar.

The complainant in the case, Gunvant Deshkar, told TOI that he too was surprised that there had not been any headway in this case even after such a major scam has been reported in the media. "The information about the scam has come through Right To Information (RTI), and is not mere allegations," said Deshkar.

Noted criminal lawyer Shyam Dewani said the law has given enough powers to the police to take an independent call on arrests. "I am not connected with this case, but generally speaking in such situations I have seen that the police use their discretionary power when non-bailable sections are registered. If the police think that accused is not likely to abscond then they will not arrest the person," said Dewani.

Sources in Nagpur police said that this 'discretion' is generally used in favour of politically well-connected people.