3 min readMumbaiApr 11, 2024 07:39 PM IST
First published on: Apr 9, 2024 at 05:12 AM IST
The Bombay High Court Monday directed Commissioners of Police (CPs) of Mumbai and Mira-Bhayander and Vasai-Virar (MBVV) to personally look into and review videos of speeches made by BJP MLA Nitesh Rane as well as those of independent MLA Geeta Jain, who supports BJP and Telangana BJP MLA T Raja Singh, and decide as to whether an FIR for hate speech can be lodged against them.
The bench prima facie found on transcripts of the speeches that some offences seemed to have been committed, however, the court said it was left to the Police Commissioners to personally examine the videos and transcripts and take a decision. It said that if timely action was not taken against those who violate the law, the citizens would lose faith in the police.
The court expressed displeasure over 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.
The Court also directed the Police to take necessary preventive action to ensure there was no communal disharmony and that no untoward incident happens during the Ram Navami rally in Malwani area on April 17.
A division bench of Justices Revati Mohite-Dere and Manjusha A Deshpande was hearing a plea that sought registering FIRs against the three MLAs for alleged hate speeches during and after the communal clashes that broke out in Naya Nagar area of Mira Road in Thane district in January this year.
The five petitioners, including two victims of violence claimed they were prompted to approach the court as the police failed to register cases against them on their own despite Supreme Court directions in that regard.
The petitioners sought registration of FIRs under sections 153 (provocation with intent to cause riots), 153A, 153B (promoting enmity between groups), 295A (defiling place of worship), 504 and 505 (statements breaking public peace, causing mischief) of the IPC.
A week after the petition was filed, the MBVV police registered an FIR against T Raja Singh and organiser of the event Naresh Nile for allegedly making a hate speech on Mira Road on February 22.
Appearing for the petitioners, senior advocate Gayatri Singh as well as advocates Vijay Hiremath and Hamza Lakdawala argued that the MLAs’ speeches clearly showed an offence of hate speech was made out. However, Public Prosecutor Hiten Venegaonkar said that the officers did not find commission of any such offence.
The court passed directions to the police and posted the matter for further hearing on April 15.
Nitesh Rane. (File Photo) 
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