"Won't Take Coercive Action Against Rane In The Nashik FIR": Maharashtra Govt. To Bombay HC

The Maharashtra Government told the Bombay High Court on Wednesday that they wouldn't take coercive action against Narayan Rane in only one of the four FIRs over his derogatory remarks against Chief Minister Uddhav Thackeray.

A division bench of Justices SS Shinde and NJ Jamadar was hearing Rane's plea to quash and grant protection in all the FIRs registered against him following his "slap" remark.

Senior Advocate Amit Desai submitted that since Rane had specifically mentioned and annexed only the FIR registered by the Nashik Police, he wouldn't make a general statement.

Rane's counsels Satish Maneshinde and Aniket Nikam pressed for a statement seeking protection from all the FIRs arising out of Rane's press conference on August 23 but it was refused.

FIRs were registered against Rane in Nashik, Mahad, Pune and Thane.

"There is only one FIR before us. You amend the petition and then we will see," the court said before adjourning the matter to September 17.

Rane was granted bail by a Magistrate in Mahad hours after his arrest in the Mahad FIR. In its order, the court said that his arrest was 'justified' but custodial interrogation was not required.

Rane's petition is filed under Article 226 of the Constitution and Section 482 of the CrPC.

"... there is a possibility of many FIRs being registered against the Petitioner at different parts of the state out of political vengeance and grudge. The Petitioner states that the crux and grievance in all the above FIRs is almost the same," the plea reads.

Referring to FIR filed by the Nashik police for offences punishable under Sections 153(B) (1)(C) (provoke to riot), 500 (defamation), 505(2), 504, 506(criminal intimidation), 189 (threat of injury to public servant) of the IPC, Rane states,

"That the Commissioner of Police Nashik instead of following due process of law is absolutely working as per the guidance and under the pressure of the ruling party in the state of Maharashtra."

In the petition, Rane further contended that he was accused of offences below seven years, hence compliance with Section 41A of the CrPC(notice to join the investigation) was necessary.

He has also claimed that 153B (Imputations, assertions prejudicial to national integration) was not attracted in the case.

Rane alleged that the FIRs infringe his fundamental rights of freedom of speech granted under Article 19(1)(a) of the Constitution of India.

"It is the submission of the petitioner that the impugned FIR's infringes the fundamental rights of the petitioner granted under Art 19(1)(a) of the constitution of India." The plea states.

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