Hanuman Chalisa Row: Special Court Rejects Mumbai Police's Plea To Cancel Bail Of MP Navneet Rana, MLA Ravi Rana

Update: 2022-08-22 10:17 GMT
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The Special Court on Monday rejected Mumbai Police's plea to issue non-bailable warrants against MP Navneet Rana and MLA Ravi Rana in the Hanuman Chalisa Case over alleged breach of bail conditions. Special Judge RS Rokade passed the order after hearing Advocate Rizwan Merchant for the accused and Special Public Prosecutor Pradeep Ghatar for the State. The Ranas were...

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The Special Court on Monday rejected Mumbai Police's plea to issue non-bailable warrants against MP Navneet Rana and MLA Ravi Rana in the Hanuman Chalisa Case over alleged breach of bail conditions.

Special Judge RS Rokade passed the order after hearing Advocate Rizwan Merchant for the accused and Special Public Prosecutor Pradeep Ghatar for the State.

The Ranas were booked on April 23 for the offence of sedition over their demand to forcefully chant the Hanuman Chalisa outside then Chief Minister Uddha Thackarey's personal residence. They were granted bail on May 4.

The Mumbai police alleged that by speaking to the media and making further allegations against then Chief Minister of Maharashtra Uddhav Thackarey, the duo has breached the bail condition which prohibited them from speaking about the case publicly.

According to the bail order, on breach of any of its conditions would entail cancellation of bail granted to the accused forthwith, therefore Special Public Prosecutor Pradip Gharat had told the court that the police was seeking issuance of an NWB.

"Presently the bail granted to the respondents/accused stands automatically cancelled for violation of the condition imposed upon them," the application read.

However, Advocate Merchant for the duo argued that seeking such a declaration of bail cancellation from the court was beyond the scope of the CrPC.

Moreover, that Ranas had not made any particular disclosure about the case and considering the freedom of speech and expression enshrined under the Constitution, they couldn't be gagged completely.

During the hearing, Gharat read out Rana's statements to the media wherein she is seen challenging the Chief Minister to stand for elections against her and to "show" him the power of women. Also adding that Hanuman Bhakts would teach him a lesson.

Gharat had argued that this clearly showed that the two had no respect.

On April 23, the duo was booked by the Khar police under IPC Sections 153 (A) (promoting enmity between different groups on grounds of religion, race etc), and 124A (sedition), besides provisions of the Bombay Police Act for allegedly trying to create a law and order situation by wanting to chant the Hanuman Chalisa outside the CM

The duo was granted conditional bail on May 4. "Undoubtedly, the applicants have crossed the lines of freedom of speech and expression guaranteed under the Constitution of India. However, mere expression of derogatory or objectionable words, may not be a sufficient ground for invoking the provisions contained in section 124A of IPC," Special Judge RS Rokade said in the detailed order copy.
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