Pune: Special Court Discharges MLA Jitendra Avhad in 2016 Fergusson College Clash Case

Pune, 17th October 2025: A special MP/MLA court has discharged NCP (SP) MLA Jitendra Avhad from a case related to unlawful assembly, rioting, and assault stemming from a political clash at Fergusson College (FC) on March 23, 2016.

The case originated from a confrontation between two student groups on the FC campus. On one side were ABVP activists hosting an event titled “Truth of JNU,” and on the other were Ambedkarite and left-leaning students protesting in support of Rohit Vemula, the Dalit PhD scholar whose suicide in January 2016 sparked nationwide outrage, and JNU student union president Kanhaiya Kumar. Avhad had visited the campus on March 23 to express solidarity with the Dalit students.

Earlier, on August 22, a magisterial court had rejected Avhad’s plea for discharge, prompting him to approach the special court, presided over by Additional Sessions Judge Aniruddha Gandhi.

“Prima facie, there is no evidence against the applicant to frame the charges levelled against him. He is bound to be discharged,” Judge Gandhi said on October 13, reviewing each charge in the case. He added, “It appears that the learned magistrate has not appreciated the evidence properly,” pointing to shortcomings in the lower court’s earlier order.

The police had charged Avhad under sections 143 (unlawful assembly), 147 and 149 (rioting), 323 (causing hurt), 336 (acts endangering life or safety), and 341 (wrongful restraint) of the Indian Penal Code.

Avhad’s lawyers, Harshad Nimbalkar and Shivam Nimbalkar, argued that their client faced an unnecessary trial after the initial rejection of his discharge plea. They stated that Avhad had not spoken at the event, nor was any act of violence attributed to him, noting that he had even been a victim of stone pelting.

The state had contended that Avhad violated a preventive order and was responsible for acts committed by the unlawful assembly. The court, however, rejected these claims, noting that Avhad was not present on March 22 and had no involvement in either student group’s activities. The chargesheet contained no evidence implicating him in causing harm to anyone.

With the special court’s ruling, Avhad is formally cleared of all allegations related to the 2016 Fergusson College incident.