125 hours of ‘evidence’: Decoding the BJP’s ‘pen drive bomb’ in Maharashtra

Devendra Fadnavis alleged the MVA coalition has been using state machinery to frame BJP leaders in false cases.

WrittenBy:Prateek Goyal
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On March 8, the Bharatiya Janata Party’s Devendra Fadnavis dropped what has been termed the “pen drive bomb” in Maharashtra’s political circles.

In the state assembly, Fadnavis alleged that the Maharashtra Vikas Aghadi government had conspired against BJP leader Girish Mahajan and that there was evidence to support Fadnavis’s allegations in a pen drive that contained 125 hours of video recordings. Fadnavis further alleged the MVA government has been using state machinery to target other BJP leaders as well.

Fadnavis has submitted the pen drive to the deputy speaker of the assembly and demanded an inquiry by the Central Bureau of Investigation.

The Nationalist Congress Party’s founder leader Sharad Pawar has said Fadnavis’s allegations are unfounded and that these were attempts by BJP to destabilise the MVA government, which is a political coalition led by Shiv Sena, NCP and Congress. Pawar also pointed out that the length of the video recordings suggest they are surveillance footage by central investigative agencies, thus raising questions about the source of Fadnavis’s information.

Public prosecutor Pravin Chavan, who features prominently in the video recordings and audio files on the pen drive, had initially claimed that the footage submitted by Fadnavis was doctored. Chavan has since not been available for comment.

Newslaundry has accessed the recordings on the pen drive submitted by Fadnavis. They contain conversations between Chavan, police officials and some politicians. Newslaundry cannot independently verify the authenticity of these files.

The background

On December 9, 2020, a criminal case was filed against Mahajan, his personal assistant Rameshwar Naik, and 27 others at Nimbhora police station in Jalgaon. Mahajan and others were charged with extortion, extortion, intimidation, theft, criminal conspiracy and trespassing for an incident dating back to 2018.

Mahajan is now an MLA from Jamner in Jalgaon. Between 2014 and 2019, he was the minister for water resources, medical education and irrigation in the Fadnavis led BJP-Sena government.

The complaint was filed by lawyer Vijay Patil, a trustee of Jalgaon Maratha Vidya Prasarak Samaj, an educational trust that runs more than 30 secondary schools and a number of colleges.

According to Patil, in January 2018, he had allegedly been tricked into going to Pune to receive some papers for the trust. Once in Pune, Patil said he was taken first to a flat and then a hotel where he was assaulted, stripped, and threatened with death if he and other trustees didn't resign from the trust. He was told by his captors that Mahajan wants to take over the trust.

A month after Patil filed the police complaint in December 2020, the FIR was transferred to Kothrud police station in Pune. Pune police said Patil had been targeted because of a rivalry between two factions fighting for control over the Jalgaon Maratha Vidya Prasarak Samaj.

The pen drive ‘bomb’

According to Fadnavis, who was formerly chief minister of Maharashtra and is now the leader of the opposition in the state assembly, the complaint filed by Patil and the investigation that followed were aimed at framing Mahajan in a false case.

The video recordings on the pen drive submitted to the deputy speaker have been described by Fadnavis as evidence that the public prosecutor drafted the FIR to entrap Mahajan. Other BJP leaders were also on Chavan’s radar, according to recordings submitted by Fadnavis.

Video 24

“We got the information about when Girish Mahajan came to Pune. We got this information from Mantralaya.

“Anil Deshmukh was fearless. Whatever task he was given, he would carry it out. Jayant Patil and [Eknath] Khadse are on good terms. They have said that whenever Chavan comes, he should be attended to. If Fadnavis is framed, then a seat will become empty for Anil Deshmukh’s son. After a certain stage, a lot of money is required.

“Who are our targets? Devendra Fadnavis, Girish Mahajan, Jaykumar Rawal, Subhash Deshmuk, Sudhir Mungantiwar, Chandrakant Patil and Chandrashekhar Bawan Kule. File is ready, these guys are our target.”

All the names listed as targets are senior BJP leaders.

Anil Deshmukh is a senior leader from NCP and was Maharashtra’s minister for home affairs between 2019 and 2021.

Jayant Patil is the irrigation minister for Maharashtra.

Eknath Khadse is a former member of the BJP and now with NCP.

In another recording, Chavan has a conversation with Anil Gote, an MLA with NCP who used to be with BJP. Chavan tells Gote that Fadnavis is a person of interest.

Video 28C

Chavan: I’ll give you the file of Mangesh Chavan

Gote: I’m not interested in Mangesh Chavan's file.

Chavan: Mangesh Chavan means Girish Mahajan and Girish Mahajan means Devendra Fadnavis.

(Mangesh Chavan is an MLA from Chalisgaon and a member of BJP. He is believed to be close to Mahajan.)

In one of the recordings, Chavan can be heard discussing whether someone is ready to be a witness against Mahajan. It is not clear who Chavan is talking to or the identity of the individual whom Chavan intends to present as a witness.

Video 2

“Is he ready to give Girish Mahajan’s name? I will come up with a short reply. Is he ready to become a pardon witness ? MCOCA [Maharashtra Control of Organized Crime Act] will be effectively applied if a statement related to drugs is given. There is no rule that drugs should be recovered to be termed as an accused. To raise suspicion is more than enough. Tell him it’s an education institute. There are many students and that's why the market is so big. Have we given him money? ...It should be projected that till the time the institution is in our control, we can earn in crores.”

The “education institute” in question is Jalgaon Maratha Vidya Prasarak Samaj.

The pen drive also contains conversations between Patil, the complainant, and Chavan. In one, Chavan tells Patil that he will “prepare the statement” himself.

See the playlist of videos below.

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Video 19

“Add the name of Girish Mahajan, I will prepare the statement. I’m giving instructions about what you have said, what needs to be added in the statement.”

Chavan also mentions someone named Bhoite whose identity is unclear. In the complaint filed by Patil, three people with the surname Bhoite are mentioned among the accused. They belong to the faction competing with Patil’s group for control over Jalgaon Maratha Vidya Prasarak Samaj.

Fadnavis has alleged that instead of the police, it was Chavan who drafted the FIR against Mahajan.

The Pawar move

There are multiple recordings that suggest NCP leader Sharad Pawar has masterminded the plot against Mahajan.

In one video, Chavan says he drafted the FIR and that “Sahab” modified it by removing certain sections.

Video 11

“I’ve called Sahab for the meeting. He was not ready to listen to MCOCA. In a day, I drafted the FIR. I myself added the criminal sections. I added many sections, but he removed many paragraphs.”

Pawar is often referred to as “Sahab” as a mark of respect, particularly by the NCP cadre.

Video 32 G-H

Sahab has told [Hemant] Nagrale. Jayant Patil also told him...I asked what we should do. Sahab told me to do whatever I felt like. I was hell bent on the phone tapping case. That's why the case got registered. We have to get our judges in the court, we need to make a little noise in court and then the judge will give orders.”

While it is not clear what information was shared by “Sahab” or Patil, Chavan’s statements indicate that the topic of discussion is a case against Fadnavis. Hemant Nagrale was Mumbai police commissioner at the time of this recording.

Targeting Fadnavis is the focus of another conversation.

Video 13

“Sahab never comes into picture. He calls someone at home and then tells him. If he calls directly, then it will get registered in the police station diary unnecessarily. But Sharad Pawar Sahab wants to finish Girsh Mahajan and Devendra Fadnavis, 100001%.

“He will make sure that Girish Mahajan and Devendra Fadnavis get trapped. By next year, it needs to be done. Then Fadnavis will be finished.”

In another recording, Chavan is heard talking about all those who should be “framed” and the names are of BJP leaders.

Video 12

I received the call from Nagpur and was asked who should be framed. Jaykumar Rawal, Girish Mahajan, Devendra Fadnavis, Sanjay Kute and [Sudhir] Mungantiwar. Then I was asked, when will you come to Mumbai. I was told to go on Friday. But when I went, Raut, the personal secretary, wasn’t there.”

Pawar’s personal secretary is Sanjay Raut.

One of the recordings suggests Chavan didn’t have the support of deputy chief minister and Pawar’s nephew, Ajit Pawar.

Video 9

“Ajit Pawar didn't support. But Bade Sahab is watching everything. Are there any good officers? He has asked me to give him the names of some 4-5 good officers.”

“Bade Sahab” is believed to refer to Sharad Pawar.

This conversation suggests Pawar was not directly involved in the case against Mahajan, but was aware of what was being plotted against BJP leaders.

Another conversation suggests Pawar masterminded a plot that conspired to raise questions about BJP’s finances. Chavan also claims that the appointment of the commissioner of police was related to a case against Fadnavis in which he was accused of misusing government funds.

Video 30E

“Pawar Sahab is ready. [Mumbai police commissioner] Sanjay Pandey is retiring in June. Now he has become police commissioner of Mumbai. He has said that he will get the case registered. He has been made CP because of this only. He said that he will ask to register the case. Jayant Patil Sahab will talk. You file a complaint to the Enforcement Directorate [ED].

“Then after every two days, conduct a press conference stating that ED has not taken any action. You make allegations. We will then go to the court...File a complaint that BJP has received a donation of Rs 10 crore. With this single complaint, the inquiry on Nawab Malik will stop.”

Malik is Maharashtra’s minister for minority development, aukaf, skill development and entrepreneurship.

Gote filed a complaint with the ED on March 3, alleging the BJP had received Rs 20 crore from a company suspected to have links with the underworld when Fadnavis was heading the BJP-led government in Maharashtra.

In another video, public prosecutor Chavan describes himself as “NCP’s lawyer”.

Video 22

“I take Khadse Saheb to Pawar Sahab. People like me, Jayant Patil, go to Ajit Pawar sAhab. I will not come myself. Because in case if I come, they will get evidence that I am NCP's lawyer.”

In one conversation with Patil, Chavan expresses concern that Mahajan may figure out Pawar has been instructing Chavan.

Video 25

“In case they ask on which day you were kidnapped, say it was in the first week. No need to tell the exact date. Girish Mahajan has understood some parts and has got a copy of the FIR. He has got a stay. Now he is trying to see if he can see me somewhere. Either I go in the morning or late at night. Even if a single clip of mine gets into his hands, he will understand that this all is happening on Pawar Sahab’s instruction.”

Conspiracies and revelations

The pen drive contains a number of conversations in which Chavan talks about raids and placing false evidence while discussing Mahajan’s case.

Video 10

“They should have put some blood on it and then seized the knife. One knife should have been bought and placed at the spot. What else is needed to seize it? Do you know how many people have recommended my name for this case? Dilip Borale, Walse Patil, Jayant Patil, Jitendra Awhad, Arjun Khotkar, Anil Deshmukh, Ramesh Jadhav, Gulabrao, Hasan Mushrif , Shriniwas Patil – all these people gave letter to Pawar Sahab...Girish Mahajan will not fall for the trap. There is no option but to remove the CP [commissioner of police]. Going to meet DG [director general].”

Amitabh Gupta was Pune’s CP at the time of this recording and has not been transferred as of the writing of this report.

Video 23

“Leak the news that Alka Pawar and other directors [of Jalgaon Maratha Vidya Prasarak Samaj] are going to be raided, that the stay has been vacated and arrests are going to happen. With the spread of such news, they will be affected mentally. If we have to make Virendra Bhoite a witness, then we are going to need lawyers. If in case it happens, we will provide help.

“Call up channels and show them all this. Tell them about Girish Mahajan's many criminal activities. Tell Shivaji Bhoite to show old pictures.”

Virendra Bhoite is one of the 29 accused in Patil’s police complaint and believed to belong to a rival faction within Jalgaon Maratha Vidya Prasarak Samaj.

Chavan is also heard claiming Deshmukh was a corrupt minister of home affairs and had taken crores of rupees as bribes.

Video 16

“Anil Deshmukh has earned more than Rs 100 crore from transfers. He has earned at least Rs 250 crore. Not only transfers, there are other ways, like purchasing cars, tenders for construction work, to earn money. He has earned at least Rs 250 crore in two years. What do you think? There are at least 100 big builders in Mumbai. Even If each one gives Rs 2-3 crore, then the collection goes up to Rs 200-300 crore. Two crore is not a big amount for builders. It’s confirmed that Anil Deshmukh would have been useful to us. I am Sahab's man. But I don't keep photos. I don't show my relations, don't show my status.”

The pen drive also contains audio files, like this one in which Chavan talks about “Bade Sahab”.

Audio 3

“Bade Sahab says if you want to do politics, then CP [commissioner of police], CID [Central Investigation Department], EOW [Economic Offences Wing] all should be yours. Deshmukh came with [a bribe of] Rs 25 lakh, but I didn't take it. Later, he got caught. In Rs 25 lakh, I could have bought a car. He was giving [the bribe] on his own, but I didn't take the money. See how fate works? But I am not sad about it [refusing the bribe of Rs 25 lakh]...”

Fadnavis had alleged in the assembly that as Chavan was acting on the orders of MVA leaders, he was able to order police officials to do his bidding. Some of the recordings in the pen drive suggest Chavan was calling all the shots in the investigation of the complaint against Mahajan.

In one conversation between Chavan and assistant commissioner of police Sushma Chavan, he tells her to keep the punchnama and witnesses ready.

Video 21

“Keep the punchnama ready. The order should be ready by 6.30.

“Five pancha will be required from the Jalgaon Collector's office and jila parishad [district council]. Tomorrow is Sunday, so select those people in advance...Don’t say anything since the matter is sensitive. Just identify the police constable.”

Advantage: Fadnavis?

The case against Mahajan is ongoing, but on December 17, 2020, the Bombay High Court granted temporary relief to Mahajan and his personal secretary when it extended its orders restraining the Pune police from taking coercive actions against Mahajan and Naik. Mahajan’s legal counsel had questioned the timing of the police complaint and raised questions about why the incident was reported to the police years after it allegedly happened. The Pune police has been asked to file a reply to explain their FIR.

While Pawar has raised questions about the source of the evidence submitted by Fadnavis are valid, if the audio recordings and video footage are authentic, they point to a worrying misuse of state machinery.

At a press conference held on March 12, Fadnavis said that he has more evidence to back his allegations, which he will only share with the CBI. It’s clear that the leader of the opposition in Maharashtra does not intend to let this issue be pushed to the backburner.

This report will be updated if we receive a response from public prosecutor Pravin Chavan.

Also see
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