Plea In Bombay High Court Seeks Action Against BJP Legislators Nitesh Rane, Geeta Jain And T Raja For Hate Speech

The matter is likely to be heard on March 27, 2024.

“if action is not taken against individual like MLA Nitish Rane, MLA Geeta Jain, and Legislator T. Raja for spreading hate speech and inciting violence, the same may embolden them as well as other political leaders to resort to hate speech and incitement with the sole aim of polarizing the citizens for votes. It is submitted that the same may not only result in widespread violence, but shall also hamper free and fair elections, which are part of the basic structure of the Constitution of India”, the petition states.

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 Supreme Court orders dated October 21, 2022 and January 13, 2023, which instruct 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 said orders further state that such action is to be taken irrespective of the religion of the maker of the speech or the person who commits such act, so that the secular character of India is preserved and protected”, the petition submits.

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.

On January 21, 2024, violence erupted between two groups in Naya Nagar during a vehicle rally. While it continued, Rane and Jain visited various places in the city and spread hate speech, the petition alleges.

On January 23, 2024, Rane along with Jain and several other party members visited Naya Nagar, Mira Road. The petition alleges that in a press conference there, he threatened the Muslim community, used offensive language to address the community, made provocative statements, and urged Hindu community to unite and retaliate. Jain also gave a call for violence in an interview, the petition states. It claims that multiple major and minor clashes broke out after their speeches.

The petition also cites Rane's visits to Govandi in February and Ghatkopar and Malad in March where he allegedly spread speech.

It further cites Telangana legislator T Raja Singh's visit in February, where he allegedly made communal remarks at a rally in Mira Road.

As the Election Commission of India has announced the schedule for the 2024 Lok Sabha elections, the Model Code of Conduct has come into force. The petition states that if action is not taken against these individuals, it may embolden them and other political leaders to resort to hate speech and incitement with the sole aim of polarizing the citizens for votes.

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.

They have also sought directions to the police to file regular status reports on the investigation's progress before the court.

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