Mumbai: The Maharashtra police told the Bombay High Court on Tuesday that it would not invoke provisions of outraging religious sentiments against BJP leaders, including Nitesh Rane, as the words “Rohingyas and Bangladeshis” used by them in their speech were not against Indians or any community here.
Rane was booked in four cases for allegedly promoting enmity and disharmony among religious groups through speeches made during his rallies in Mumbai and MMR in January.
Only one FIR lodged against Rane by Mankhurd police booked him under section 295A of the Indian Penal Code (deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs).
Public Prosecutor Hiten Venegaonkar told the court that the provisions of 295A was not made out in the other cases. “The Commissioners of Police of the concerned areas have gone through the transcript of the speech made by Rane and have come to a conclusion that the case under Section 295A is not made out,” Venegaonkar said.
“No case is made out for section 295A. The entire statement in the speech was against the Rohingyas and Bangladeshis. The provision in question is for outraging sentiments of Indians and admittedly the Rohingyas and Bangladeshis are not from India and they have entered our jurisdiction illegally and that is an admitted position,” he said. Using such words does not hurt the sentiments of any Indian or of any community here, the prosecutor emphasised.
According the statement, the court noted that the Commissioners of Police have gone through the speeches made. “A conscious statement is made by the highest officers of the police departments in Mumbai and Mira-Bhayander, not to invoke section 295A. We accept the said statement,” a division bench of Justices Revati Mohite Dere and Shyam Chandak said.
The bench also noted that chargesheet has been filed in one of the cases lodged with the Kashimira police at Mira Bhayandar and the chargesheet in the other three cases would be filed within eight weeks. “The requisite sanction to prosecute the accused under the sections 153A and 153B (promoting enmity and disharmony among religious groups) would also be procured by the police within the eight week period,” the bench added.
The HC disposed of petitions seeking action against BJP MLAs Rane, Geeta Jain and BJP legislator T Raja for delivering hate speeches, following which violence took place in Mira Road and Malwani area, few days before the consecration of the Ram idol in Ayodhya. Offences were registered against them at Mira Road, Ghatkopar, Mankhurd and Malwani. The petition sought FIR to be registered against the MLAs under 295A of IPC.
It highlighted the relevant portions of the speech made in Ghatkopar, wherein Rane used words like Rohingyas, Bangladeshi,Jihadis and many other inflammatory words against the Muslim community.
