Bombay High Court Directs Police To Review Alleged Hate Speech By BJP MLAs Nitish Rane, Geeta Jain & T Raja; Inform Whether FIRs Would Be Registered

The Bombay High Court on Monday directed the Mumbai and Mira Bhayandar Police Commissioners to review recordings and transcripts of alleged hate speeches by BJP MLAs Nitish Rane, Geeta Jain, and T Raja and inform the court if FIRs will be registered against them.

A division bench of Justice Revati Mohite-Dere and Justice Manjusha Deshpande also directed the police to take necessary preventive action to ensure communal harmony and maintain law and order during the Ram Navami festival on April 17, 2024.

The court was dealing with a writ petition seeking action against the three legislators for allegedly delivering hate speeches and inciting violence.

The petition, filed by five residents of Mumbai, highlighted instances of alleged hate speeches delivered by the MLAs in January at various locations, including Mira Road, Govandi, Ghatkopar, and Malvani.

The court opined that prima facie, certain offences appeared to have been committed based on the speech transcripts. To ensure impartiality and avoid political pressure, the court instructed the police commissioners to personally examine the videos and transcripts of the speeches.

The petitioners have also alleged that MLA Nitish Rane held the press conference at the press room and the office of the Mira-Bhayandar Commissioner of Police, on January 23, 2024, to make the alleged hate speech. The court remarked that police premises should not be used for events to maintain the citizens' trust in the impartiality of the police.

The five petitioners are residents of Mumbai, and two of them are victims of the violence in Mira Road, a satellite city of Mumbai. The petitioners have claimed that they made multiple attempts to get the authorities to take action against the accused for hate speech. However, the police failed to take action.

The petition argues that the police failed to register FIRs against these individuals, despite clear directives from the Supreme Court mandating suo motu action in such cases to preserve India's secular character.

The petition refers to Supreme Court orders dated October 21, 2022, and January 13, 2023, which instructed all states and union territories to take immediate action against hate speech. The petitioners claim that the inaction of the police, despite several media reports, violates these orders and the rule of law.

The petition details several incidents where alleged hate speeches led to unrest and violence in various locations, including Mira Road, Govandi, and Ghatkopar. The petition argues that such speeches could trigger further violence and disrupt the upcoming elections.

The petitioners have sought directions to the police to register FIRs against MLAs Nitish Rane, Geeta Jain, and T. Raja under sections 153, 153A, 153B, 295A, 504, and 505 of the IPC for allegedly having delivered hate speeches in Mira Road, Govandi, and Ghatkopar on various dates.

The matter has been scheduled for further hearing on April 15, 2024.

Case Title – Aftab Siddique & Ors. v. State of Maharashtra & Ors.