Mumbai: The Bombay High Court has orally observed that the alleged utterances made by Waman Mhatre, Shiv Sena leader of Eknath Shinde’s faction, against a woman journalist in Badlapur were not to humiliate her based on her caste. The court has granted him interim protection from arrest till September 4.
Mhatre was booked under provisions of the Bhatatoya Bharatiya Nyaya Sanhita and also under the Scheduled Castes and Scheduled Tribes (Atrocities) Act for allegedly making derogatory remarks against the woman journalist during the protest against the sexual assault on two minor girls in Badlapur school by a male cleaning staff inside the school premises.
The HC was hearing an appeal filed by Mhatre, through advocate Viresh Purvant, challenging the order of the Kalyan sessions court rejecting his pre-arrest bail plea on August 29.
On Friday, Justice Sandeep Marne, after going through the FIR and the complainant’s statement, remarked: “Prima facie, it does not appear that the said utterances were again intended only to humiliate the caste of the Complainant. Therefore, prima facie the bar under Section 18 of the SC & ST Act may not apply to the present case.”
The judge added: “Considering the nature of allegations levelled in the FIR, in my view the Appellant (Mhatre) deserves to be granted interim protection.”
Justice Marne said at the most Mhatre might have said those remarks with an intention to humiliate the complainant personally. “Was it his intention to humiliate her caste? It may be to humiliate her personally but can it be said that it was said to humiliate her caste?” Justice Marne questioned.
State advocate Shilpa Gajare-Dhumal told the court that the accused and complainant were known to each other and hence he was aware of which caste she belonged to.
The court kept the matter for hearing on September 4 and meanwhile directed that, in case of arrest, Mhatre shall be released on furnishing a personal bond of Rs 25,000.
On August 21, the woman journalist had lodged a FIR against Mhatre for allegedly making derogatory and offensive remarks when she was reporting on the protests at Badlapur over the incident of sexual assault of two minor girls inside their school premises by a male attendant.
Denying allegations, Mhatre has claimed that he was only advising and requesting her to not publish any false information that would further incite people protesting in Badlapur.
