Religious Feelings Can’t Be So Fragile To Be Hurt Or Provoked By An Individual’s Speech: Delhi High Court Quashes Summons Against Raj Thackeray

Observing that religion and faith are not as fragile as human beings, the Delhi High Court observed that religious feelings and sentiments cannot be so fragile to be hurt or provoked by a speech of an individual.

“…I am of the view that India is a country which is unique due to various religions, faiths and languages which co exist with side by side. Its unity lies in this coexistence. Religious feelings and religious sentiments cannot be so fragile as to be hurt or provoked by a speech of an individual,” Justice Jasmeet Singh said. 

The court added that faith and religion “are more resilient” and cannot be hurt or provoked by views or instigation by an individual.

“Religion and faith are not as fragile as human beings. They have survived for centuries and will survive for many more. Faith and religion are more resilient and cannot be hurt or provoked by views of / instigation by an individual,” it said.

The court made the observations while quashing summoning orders issued against Maharashtra Navnirman Sena Chief Raj Thackeray in seven cases filed against him for making allegedly provocative speech, including the offence of sedition. Though the complaints were filed in different cities, the Supreme Court in 2010 had transferred the proceedings to Tis Hazari Courts, Delhi

Party allowing Thackeray’s pleas, the court rejected the prayer for quashing of the criminal complaints.

It was alleged that Thackeray had made certain comments in 2008 regarding “chatth pooja” festival which hurt religious sentiments of the people belonging to the community it is celebrated in.

It was alleged that his speech was shown across news channels which was allegedly provocative in nature.

While quashing the summoning orders issued by courts in Patna, Begusarai, Ranchi, and Bokaro, Justice Singh said that the impugned orders could not be sustained as there was no sanction to prosecute Thackeray for offences such as sections 124A, 153A, 153B and 295A of Indian Penal Code, 1860.

The court also observed that in other cases, no inquiry was conducted by the Magistrate before proceeding to issue summons.

Title: SWARARAJ @ RAJ SHRIKANT THAKERAY & ANR. v. STATE & ANR.

Citation: 2023 LiveLaw (Del) 351

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