[Shivaji Title Row] ‘Police Exceeded Authority’ By Seeking Probe Against Professor: Bombay HC

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The bench instructed, “Read that book, read the Constitution of India, especially Article 19(1)(a) (right to free speech), and then inform us if an offence is made in this case.”

Mumbai: On Friday, the Bombay High Court on Friday (26th July) reprimanded the Satara police for instructing Yashwantrao Chavan College to conduct a departmental inquiry against Professor Mrunalini Aher for not referring to the historical Maratha king Shivaji as “Chhatrapati.” This directive was issued on August 11, 2023.

During the hearing of Professor Aher’s petition, Justices Revati Mohite-Dere and Prithviraj Chavan criticized the police for overstepping their authority.

The bench emphasized,

“You have exceeded your powers. It is because of your letter that she is facing all this. You cannot ask a private institution to take action against anyone. You could not have issued such directions at all. You could have taken action on your own and not ordered an educational institution to do this.”

Represented by lawyer Yuvraj Narvankar, Professor Aher recounted an incident during a college event on August 10, 2023. The disruption occurred when the audience believed a guest speaker had shown disrespect.

Aher attempted to calm the situation by suggesting the audience read the book ‘Shivaji Kon Hote’ (Who Was Shivaji) by the late Govind Pansare. This agitated the crowd, who accused her of disrespecting Shivaji by not using the title “Chhatrapati.”

Following the incident, police allegedly pressured Aher to issue a public apology. When she refused, the police officer instructed the college principal to initiate a departmental inquiry.

Aher brought the matter to the High Court, where the bench questioned the police officer’s understanding of the Constitution.

The bench instructed,

“Read that book, read the Constitution of India, especially Article 19(1)(a) (right to free speech), and then inform us if an offence is made in this case.”

The bench also asked Chief Public Prosecutor Hiten Venegaonkar if the police would withdraw the letter. Venegaonkar confirmed that the letter was being unconditionally withdrawn.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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