After court prod, 5 hate speech cases filed against MLAs Nitesh Rane, Geeta Jain

After court prod, 5 hate speech cases filed against MLAs Nitesh Rane, Geeta Jain

Chief Public Prosecutor Hiten Venegaonkar informed the Bombay High Court on Tuesday that the Police Commissioners of Mumbai police and Mira-Bhayandar were of the opinion that prima facie cases for hate speech were made out against two MLAs after they reviewed the videos.

Venegaonkar submitted that following this prima facie observation of the commissioners, cases were registered against the MLAs under Section 153A of the Indian Penal Code, which is for promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to the maintenance of harmony.

The bench of Justices Revati Mohite-Dere and Manjusha Deshpande during an earlier hearing had directed the Commissioners to watch the videos and determine if elements of hate speech are made out or not.

Venegaonkar informed the bench that cases have been registered at Mira-Bhayandar in Thane district against BJP MLA Nitesh Rane and independent MLA Geeta Jain under Sections 153A and 153B (Imputations, assertions prejudicial to national integration).

A case against Rane has been filed at Mankhurd and Ghatkopar as well, while a case under Section 188 IPC (Disobedience to order duly promulgated by public servant), which was registered against one Bhagwan Thakur in the Malvani police station, saw Rane being added as the second accused. In Malvani too, Section 153A has been added.

Advocates Gayatri Singh, Vijay Hiremath, and Hamza Lakdawala appearing for the petitioners, however, pointed out that Section 295A, which is for deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs, should have been added. However, Venegaonkar submitted that the cases have been registered now and time should be given to investigate the case and then an appropriate decision would be taken for this section.

Advocate Karim Pathan appearing for another petitioner pointed out that there were many incidents of violence between January 22 and 26 in the Mira Road area. Pathan submitted that the number of cases registered is nothing compared to the number of incidents and hardly any arrests have taken place. However, in response, Venegaonkar submitted that so far, 13 cases have been registered and investigations in those cases are ongoing.

After hearing both sides, the bench directed Venegaonkar to submit a comprehensive affidavit detailing all that has been done and the court will hear the petitions again on June 19.

The petitions had been filed against hate speeches and the violence that took place earlier this year in the Mira Road and Malwani areas, few days before the consecration of the Ram idol in Ayodhya.

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