"Remarks Against Rohingyas & Bangladeshis, Didn't Hurt Indian Religious Sentiments": State To Bombay HC In Hate Speech Case Against BJP Leaders

Using the words Rohingyas, Bangladeshis or Jihadis is not against the Muslim community living in India, the Mumbai Police told Bombay High Court on Tuesday while justifying its decision not to invoke section 295A (outraging religious sentiments) against BJP leaders Nitesh Rane, T Raja and Geeta Jain.

"No case is made out for section 295A. The entire statement is 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," the Public Prosecutor Hiten Venegaonkar told the High Court. 

A division bench of Justices Revati Mohite-Dere and Shyam Chandakwas was hearing a bunch of petitions seeking action against Rane and other BJP leaders for delivering objectionable and hate speeches against the Muslim community at four different places - Ghatkopar, Mankhurd, Malwani in Mumbai and Kashimira in Mira-Bhayander, during the month of January this year.

The petitioners 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. Therefore, the bench was urged to invoke section 295A against Rane in Ghatkopar, Malwani and Kashimira too. As far as BJP leaders T Raja and Geeta Jain are concerned, they delivered speeches along with Rane in Kashimira.

Countering the argument, Public Prosecutor Venegaonkar told the bench that in the speech where words like Bangladeshi, Rohingyas etc were used, no case was made out to invoke section 295A.

Venegaonkar informed the bench that section 295A is only invoked in the FIR lodged at Mankhurd Police Station, where specific allegations are made against the Muslim community.

Further, he told the bench that in the FIR at Ghatkopar only sections 153A, 153B, 504 and 506 of the IPC have been invoked against Rane and one Subhash Ahir. At Malwani, the police has lodged FIR against Rane and others under sections 153A, 504, 506 and 188 of the IPC. The FIR at Kashimira Police station is lodged under sections 143, 149 and a chargesheet has also been filed, Venegaonkar told the judges, adding that in the said FIR, a sanction is sought to invoke sections 153A and 153B.

Taking the statement on record, the judges disposed of the petition observing that most of the prayers sought for in the petition have been fulfilled.

"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. Leave is granted to the petitioners to seek for invocation of section 295A at the appropriate stage (framing of charges) before an appropriate forum," the bench said in the order.

At this, senior counsel Gayatri Singh urged the bench to keep the petition pending as the State Assembly elections are about to commence in Maharashtra.

"My lady, please keep this pending. And also, if the section 295 is not added now they will file chargesheets and would later say that now they cannot add the said provision," Singh told the bench.

Responding to Singh, Justice Mohite-Dere, said, "That will not happen. We know what the law is. Liberty is granted to you to seek to invoke the said section. As far as forthcoming elections are concerned, that can be a separate cause of action."

With these observations, the bench disposed of the petition.