Ensure action if breach during Ram Navami rally in Malwani area irrespective of political party: Bombay HC to police

The petitioner alleged that the rally organisers intentionally planned to hold the event in minority areas and had previously stopped the rally behind mosques. In response, the court has requested the state government to ensure that alternate routes are taken in case of any breach of peace. “Ultimately, if there is a law and order issue, you (police) will face problems,” the court noted.

The state government told the high court last week that the CPs will make an appropriate decision after personally reviewing videos of speeches made by Maharashtra BJP MLA Nitesh Rane, Independent MLA Geeta Jain, who supports the BJP, and Telangana BJP MLA T Raja Singh.

Advocate General Birendra Saraf, representing the government, submitted that the police will be ‘extra cautious’ and that the Commissioners of Police (CPs) of Mumbai and Mira-Bhayander and Vasai-Virar (MBVV) will decide within a week whether FIRs for hate speech can be lodged against the leaders concerned, as assured by them during the last hearing on April 8.

The court reiterated its displeasure and deprecated Rane being allowed to use the premises of the Commissioner of MBVV police’s office, where he allegedly delivered a hate speech during a press conference and said that the same does not happen again and anyone cannot be allowed to speak to the media in the CP office.

The court also heard another plea by one Shanul Hassan Sayed, who claimed that despite filing nearly three complaints regarding the Mira Road violence, no FIR was registered by the Police. He sought the complaints pertaining to the Mira Road and Malawani rallies organised by Sakal Hindu Samaj and others to be probed by a Special Investigation Team (SIT) formed under the supervision of the high court. It also sought compliance of Supreme Court judgements in hate speech matters by the police authorities.

After the petitioners expressed apprehension of an untoward incident due to the Ram Navami rally in the Malwani area, the bench orally told police, “This needs to be looked into. We cannot stop any public rally, but we expect your officers will take appropriate action in accordance with the law if there is any breach, irrespective of political party. If the speaker says something in breach, they (police) can take action. ”

“In another matter (Granting permission for T Raja Singh’s February 25 rally), they had assured us of undertaking that there will not be any breach. Despite that, an FIR had to be lodged. If there is any breach of law, action should be taken. If they don’t take action, then we will ask them to file an affidavit,” it added.

“Whatever is done has to be taken to its logical end… If they (organisers and speakers) don’t exercise restraint, then law will take its own course,” the bench said.

After the petitioners raised an apprehension that the Ram Navami rally in the Malwani area be carried through minority areas, the bench said, “Ensure that routes are changed. Ultimately, if there is a law and order problem comes, you’ll face problems and the police has to face,”

AG Saraf submitted that he would convey the same to the police officer concerned and would take measures in that regard.

The high court will hear the pleas next on April 23.