Mumbai News: BMC Commissioner Refuses Prosecution Sanction In COVID-19 Oxygen Cylinder Scam, Citing Lack Of Evidence Against Civic Officials

Mumbai: The Brihanmumbai Municipal Corporation (BMC) Commissioner has declined to grant prosecution sanction against civic officials named in the alleged oxygen cylinder scam during the COVID-19 pandemic. The Economic Offences Wing (EOW) had sought permission to prosecute certain BMC officers, but the commissioner rejected the request citing lack of evidence.

BMC’s counsel, advocate Joel Carlos, informed a division bench of Justices Revati Mohite-Dere and Neela Gokhale that the commissioner’s decision was conveyed to the Joint Commissioner of Police (EOW) through an internal communication.

Carlos clarified that sanction was sought only in the oxygen cylinder scam, among four separate FIRs filed against civic officials over alleged irregularities during the pandemic. The other FIRs pertain to the procurement of Remdesivir injections, body bags, and khichdi distribution.

After perusing the communication, the bench noted that there was insufficient material to support prosecution of the officials and observed that the petitioners may now seek quashing of the FIR.

Additional Public Prosecutor Prajakta Shinde told the court that the EOW has already filed a chargesheet against private parties in the case and had requested sanction to add BMC officials as accused. However, the refusal to grant sanction now limits the scope of prosecution against civic personnel.

The High Court was hearing a petition filed by the Municipal Engineers Association and the Municipal Mazdoor Union on behalf of BMC employees, seeking protection from coercive action until the civic body concludes its internal departmental inquiry. The petitioners argued that officials had acted in good faith and under immense pressure during the pandemic.

The bench allowed the petitioners to amend their plea and directed that the matter be listed before the appropriate bench dealing with petitions seeking FIR quashing.

The case stems from a complaint filed by Prinam Namdev Parab and initially registered at Nagpada police station. It was later transferred to the EOW for further investigation. The FIR in the oxygen scam case did not name any specific BMC employee but referred to “unknown officials.”

The case also involves a private company that set up oxygen plants during the erstwhile Maha Vikas Aghadi led by Uddhav Thackeray. Petitioners claimed that 59 oxygen plants were installed urgently due to a severe shortage during the pandemic, and procedural relaxations were made to expedite approvals.

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