Ram Navami Hate Speech| 'Let Police Complete The Probe': Gujarat HC Disposes Kajal Hindustani's FIR Quashing Plea As Withdrawn

The Gujarat High Court on Thursday disposed of, as withdrawn, right-wing activist Kajal Hindusthani's plea seeking to quash an FIR lodged against her in connection with a Speech delivered by her on the occasion of Ram Navami on March 30 which allegedly caused a communal clash in Una on April 1.

"Let the police complete the investigation", the bench of Justice Samir J. Dave remarked after hearing the arguments of the Counsel appearing for Kajal as it found no ground to quash the FIR at the initial stage. 

It may be noted that Kajal has been accused of delivering a provocative speech targeting the people of the Muslim Community speech in a Vishwa Hindu Parishad (VHP) event in Una on March 30 which was witnessed by local BJP MLA KC Rathod. Following the event, a communal clash took place in the city, and allegedly stone pelting at various places also took place.

The Gujarat Police lodged an FIR on April 2, naming Kajal under Indian Penal Code (IPC) sections 153 (wantonly giving provocation with intent to cause riot) and 295 A (deliberate or malicious act intending to outrage religious feelings).

The FIR lodged against her alleges that Kajal hurt the religious sentiments of women and men of the Muslim society and that her speech was delivered with the purpose of spreading intentional agitation between the Hindu and Muslim people.

After she surrendered on April 9, she was arrested by the Gujarat Police and since the state police did not seek her remand, a local court sent her to Judicial custody for 14 days. On Thursday, she was granted bail by the Additional sessions judge R M Asodiya.

Before the High Court, her counsel argued that none of the persons whose sentiments have been allegedly hurt came to lodge the FIR and the police, at once registered the Case. He also argued that the content of the speech actually delivered and the allegations in the FIR do not match.

However, the Court was not inclined to grant her the relief prayed for, and hence, his counsel withdrew the plea.

Case title - KAJALBEN JWALANT SHINGALA @ KAJALBEN HINDUSTANI Versus STATE OF GUJARAT

Case Citation:2023 Livelaw (Guj) 73

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