A Thane court has directed police to file an FIR against ex-minister Jitendra Awhad for his 2018 remarks allegedly promoting community enmity. The complaint, lodged by Khush Khandelwal, cites possible discord between Maratha and Bhandari communities. The court emphasizes the need for investigation under IPC Sections 153A and 505(2) and dismisses limitation claims.
Thane: A court in Thane has directed the police to register a First Information Report (FIR) against former Maharashtra minister and NCP (SP) MLA Jitendra Awhad for allegedly making statements that could promote enmity between different communities. The ruling was issued by Judicial First Class Magistrate Mahima Saini on February 3, following a complaint filed against Awhad over remarks he made in 2018.
The Bhayander police have been instructed to register the FIR under Sections 153A and 505(2) of the Indian Penal Code (IPC), which pertain to promoting enmity between different groups. The court further directed the police to investigate the matter and submit a report.
The case dates back to 2018, when Awhad, who is currently an MLA from the Mumbra-Kalwa constituency, allegedly made inflammatory statements regarding the arrest of Vaibhav Raut by the Mumbai Anti-Terrorism Squad (ATS).
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A video clip of Awhad’s statements was widely circulated on WhatsApp, in which he allegedly claimed that the bombs recovered from Raut were intended to disrupt a Maratha Morcha rally. His remarks, which were also broadcast on several news channels, reportedly contained statements that could fuel tensions between the Maratha and Bhandari communities.
The complaint was filed by Khush Khandelwal, an advocate and National President of the Youth Wing of the Hindustan National Party. He sought criminal action against Awhad, arguing that his statements were baseless and had the potential to create discord among the Maratha, Hindu, and Muslim communities.
Khandelwal initially approached the Bhayander police but was dissatisfied with their response. He then filed an application before the Thane trial court under Section 156(3) of the Criminal Procedure Code (CrPC), requesting the court to order an FIR and a police investigation.
Awhad’s defense lawyer refuted the charges, arguing that the applicant had misinterpreted Awhad’s statements and was attempting to politicize the matter. He claimed the allegations were politically driven and lacked solid evidence.
Additionally, he contended that the Section 156(3) application was barred by limitation and requested the court to dismiss it.
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After reviewing the matter, the court found merit in the application, stating:
“From a prima facie perspective, it does appear that the statements made therein are such that attract the offences punishable under Section 153A and 505(2), IPC.”
The court further stressed the need for an investigation, noting:
“The offences alleged are cognizable in nature … Hence, this is a fit case to allow the registration of FIR.”
On the issue of limitation, the court ruled that since the application was for registering an FIR and not for taking cognizance of the offence, the question of limitation does not arise.
The court also noted that the Bhayander police had jurisdiction over the matter, as the complainant received the video in Bhayander, making it one of the locations where the alleged consequences of the statement took place.
Case Title – Khush Khandelwal v Jitendra Awhad
Read the Judgement here:
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