The Bombay High Court allowed Sakal Hindu Samaj to felicitate Pragya Singh Thakur in Malegaon on March 30. The event will proceed under strict conditions to maintain peace and order.
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MUMBAI: The Bombay High Court gave permission to the Sakal Hindu Samaj, a Hindu organisation, to organise a Gudi Padwa programme in Malegaon on March 30, where Pragya Singh Thakur, a main accused in the 2008 Malegaon blast case, will be honoured with a ‘Hindu Veer’ award.
This decision was taken by a division bench of Justice Ravindra Ghughe and Justice Ashwin Bhobe on Friday, after the organisation approached the Court because local authorities had earlier denied permission for the event.
The Court allowed the event to be held between 7 AM and 5 PM on March 30, but with strict conditions to maintain peace and law and order. The event is scheduled just a day before Ramzan begins, which had raised concerns earlier.
While giving the order, the Court reminded the organisers and speakers to maintain harmony and avoid hurting any religious feelings. It said:
“After 78 years of the freedom of India, we have every reason to believe that the population of this country is becoming literate and wisdom prevails. The speakers will also ensure that, as they express their thoughts, none of them would be directed against any other religion, so that members of other religions would not feel hurt,”
-the Court observed.
The judges also said that the Court should not become too sensitive about such events and stressed the importance of free speech and peaceful co-existence. In its words:
“We all believe that they are responsible citizens and they would understand it better. Let sensitivity not be hyped to such an extent that it becomes excessive. We believe in freedom of speech and expression, and we also believe in coexistence. That’s more important… If your neighbor is happy, you are happy. We believe in live and let live,”
-the order stated.
The Court made it mandatory for the event organisers to give a written undertaking to the Additional Superintendent of Police in Nashik by 6 PM on March 29. In the undertaking, they must clearly promise that no wrong or harmful incident will happen during the event.
Along with this, the police will mark a fixed route for the procession, making sure it avoids crowded or sensitive areas, and will also provide adequate security during the event. However, the cost of police protection will be decided by the authorities and will have to be paid accordingly.
Earlier, on March 25, the Executive Magistrate of Nashik had rejected the organisation’s request for the event. This decision was based on police reports that pointed out inflammatory speeches made by Pragya Thakur and other speakers in the past, which had created law and order problems.
Because of this rejection, the Sakal Hindu Samaj went to the High Court, seeking justice.
Who is Pragya Singh Thakur?
Pragya Singh Thakur is the main accused in the 2008 Malegaon blast case. The blast happened on September 29, 2008, near a mosque in Malegaon, a town in northern Maharashtra, around 200 km from Mumbai. An explosive device tied to a motorcycle exploded, killing six people and injuring over 100 others.
At first, the case was investigated by the Maharashtra Anti-Terrorism Squad (ATS). Later in 2011, it was handed over to the National Investigation Agency (NIA) for further probe.
Thakur is currently out on bail, but the trial is still going on in a special NIA court in Mumbai. In October 2023, the NIA court framed formal charges against her and six other accused under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC).
They are charged with terrorism, conspiracy, and promoting hatred between communities.
Background of the Event Request
The Sakal Hindu Samaj had first sent a request on February 18 to the Malegaon Tehsildar and the Chavani Police Station for permission to conduct a ‘Virat Hindu Sant Sammelan’ on March 30, between 6 PM and 10 PM.
But on March 25, the Executive Magistrate of Nashik denied permission. This decision was based on reports from the Deputy Superintendent of Police (DSP) and Chavani Police, which mentioned that past speeches by Pragya Thakur and others had caused tensions and disturbances.
After the denial, the organisation filed a petition in the High Court. Their lawyer, Advocate Subhash Jha, argued that the group’s fundamental rights, especially the right to religious freedom under Article 25 of the Constitution, were being violated. He also mentioned that the event would take place in an area far from the main city, where the Muslim population is very low, so the chances of disturbance were minimal.
On the other hand, the government’s lawyer, Neha Bhide, said that the recent tensions in Nagpur over Aurangzeb’s tomb and earlier issues caused by Pragya Thakur’s speeches were strong reasons to deny the permission.
After listening to both sides, the Court noted that although the situation is sensitive, it should not become overly cautious.
To reduce possible risks, the Court ruled that it is safer to hold the event during the daytime. So, the timing was changed from evening to 7 AM to 5 PM on March 30.
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