“No case is made out for section 295A,” Venegaonkar explained. “The entire statement in the speech was directed against Rohingyas and Bangladeshis. This provision pertains to outraging the sentiments of Indians, and it is admitted that Rohingyas and Bangladeshis are not from India; they have entered our jurisdiction illegally, which is an admitted position.”
Mumbai: Today (9th July): The Maharashtra police informed the Bombay High Court that they have decided not to apply charges of outraging religious sentiments against BJP leaders, including Nitesh Rane.
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This decision was based on their assessment that the statements regarding “Rohingyas and Bangladeshis” made by the leaders were not directed against Indians or any specific community within India.
Only one case at the Mankhurd police station invoked section 295A of the Indian Penal Code against Rane for allegedly promoting enmity and disharmony among religious groups through his speeches at rallies.
Public Prosecutor Hiten Venegaonkar informed a division bench of Justices Revati Mohite Dere and Shyam Chandak on Tuesday that the provisions of section 295A of the Indian Penal Code were not applicable in the other cases against BJP leaders, including Nitesh Rane.
Venegaonkar stated that police commissioners of the relevant areas reviewed the transcripts of Rane’s speeches and concluded that the criteria for invoking section 295A were not met.
“No case is made out for section 295A,” Venegaonkar explained. “The entire statement in the speech was directed against Rohingyas and Bangladeshis. This provision pertains to outraging the sentiments of Indians, and it is admitted that Rohingyas and Bangladeshis are not from India; they have entered our jurisdiction illegally, which is an admitted position.”
Public Prosecutor Hiten Venegaonkar argued that using words such as “Rohingyas and Bangladeshis” in the speeches did not offend the sentiments of any Indian or community here. The bench, accepting this statement, acknowledged that the police commissioners had carefully reviewed the speeches.
“The highest officers of the police departments in Mumbai and Mira Bhayander have consciously decided not to invoke section 295A. We accept this statement,”
the court stated.
Regarding the cases, the court noted that a chargesheet had been filed in one of the cases registered with the Kashimira police in Mira Bhayandar. Chargesheets for the remaining three cases would be filed within eight weeks.
“The police will also obtain the requisite sanction to prosecute the accused under sections 153A and 153B (promoting enmity and disharmony among religious groups) within the same timeframe,”
the court added.
The court disposed of several petitions filed concerning alleged inflammatory speeches by BJP MLAs Nitesh Rane, Geeta Jain, and Telangana MLA T Raja Singh at locations including Mira Road, Ghatkopar, Mankhurd, and Malwani in January of this year. The petitions had sought FIRs against the MLAs, claiming that the speeches were made in the aftermath of communal violence in those areas.
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The petitioners specifically pointed out parts of the speech in Ghatkopar where Rane used inflammatory language such as Rohingyas, Bangladeshis, Jihadis, and other terms against the Muslim community.
