Andheri resident Mohammed Patel has moved Bombay High Court (HC) seeking to quash an FIR for disturbing communal harmony after he sent an SMS cautioning friends that meat served at an Eid party thrown by MP Gurudas Kamat on October 10 last year may not be halal.
On October 6,2012,Oshiwara police registered an offence against 50-year-old Patel under IPC section 153 A (promoting enmity on grounds of race,religion,place of birth,residence,language,etc,and prejudicing maintenance of harmony) and section 66 A of Information Technology Act,2000,for sending offensive messages through a communication service,following a complaint by Congress member Sayyed Gayasuddin.
After his arrest,a magistrate remanded Patel in judicial custody till October 9,2012.
In his petition,Patel has contended that he learnt through word of mouth that catering contract for the Kamat party was given to Grill Punjabi and the meat served may be jhatka. He said the Muslim religion permits consumption of only halal.
Patel said he sent an SMS only to caution his Muslim friends. The party,to be hosted at Millennium Club in Juhu,was eventually cancelled owing to unexpected rain.
HC issued a notice to the complainant and adjourned the case till March 16,said additional public prosecutor Usha Kejriwal.
The charges Patel is facing attract a maximum imprisonment of three years each. Urging HC to quash the complaint filed against him,Patel said his act of alerting friends in no way amounted to creating communal disharmony.