Bombay High Court stays trial against Hindu Rashtra Sena chief till revision petition is decided

It was alleged in the FIR that Desai delivered a speech on January 19, 2014 in Pune provoking people from one religion, and attempting to promote enmity between different groups.

The complaint added that on June 2, 2014, there was a post on Facebook containing derogatory remarks against Chhatrapati Shivaji Maharaj and the late Bal Thackeray, which resulted in communal riots in Pune, during which the incident in question took place.
“Prima facie, it is seen that the speech delivered by the petitioner (Desai) and posting derogatory material on Facebook are two totally different and unconnected incidents,” observed the court… Undisputedly, the revision petitioner was not present when the group of 15 to 20 accused persons were discussing the matter at Gondhale Mala area of Pune, about killing people from the Muslim community,” the court had held while hearing the revision petition.

It further held that “It will have to be examined whether the speech, addressed to the public at large in a public meeting in January 2014, would amount to meeting of minds of the revision petitioner and other co-accused and that too after five months, in commission of an offence of murder and offence of an attempt to commit murder of prosecution witnesses.”