Remarks against Shivaji Maharaj: HC asks Kolhapur court to decide on ex-journalist’s pre-arrest bail on merits

Koratkar was on February 25 booked by Kolhapur Police based on an audio conversation with historian Indrajit Sawant.

He is accused of allegedly making a threat call to historian Indrajit Sawant. Countering Sawan’t version of the Maratha king’s history, Koratkar reportedly used abusive language and made derogatory remarks on Chhatrapati Shivaji Maharaj.

On March 1, Additional Sessions Judge, Kolhapur D V Kashyap granted interim protection from arrest to Koratkar till March 11 with condition of him appearing before the police and surrendering his mobile phone with SIM card used in the call.

A single-judge bench of Justice Rajesh S Patil was informed by Public Prosecutor Hiten Venegaonkar for state government that it was objecting impugned order on the ground that certain observations made by sessions court were without allowing the state an opportunity to be heard.

The sessions court had observed that documents placed by Koratkar showed that his Instagram and Facebook accounts were hacked before registration of crime and some donation amount was collected on his behalf.

Venegaonkar added that despite the sessions court’s directive to surrender his mobile handset, instead of personally surrendering the same, he sent it through his wife.

Moreover, after the mobile was examined by the concerned officer, it was found that the handset contained no data and everything appeared to be deleted

Therefore, Venegaonkar submitted, Koratkar’s physical custody was necessary to conduct proper investigation and to recover any deleted data which may be crucial.

He further contended that the manner in which the handset was surrendered raises serious concern about Koratkar’s conduct and gives a doubt about tampering of evidence and non compliance of court directions.

Koratkar’s lawyer challenged the maintainability of the state’s plea.  Advocate Asim Sarode for complainant Sawant submitted that he was also not heard before the impugned order was passed by Kolhapur court.

Venegaonkar said that although the state was aware that matter was listed before Kolhapur court on Tuesday, it had filed an application before HC to highlight that it was not heard by sessions court and also had serious objections about certain observations made in sessions court order

“This court expects that the Additional Sessions Court would hear all the parties and would pass an order in accordance with law. This Court has not gone into the merits of the issue, the Additional Sessions Court will decide the matter on its own merits without being influenced by any observations made herein,” Justice Patil noted in the order and disposed of state’s plea.