Maharashtra Police rule out section 295A in case on BJP MLA’s Rohingya remarks, say they didn’t hurt Indians’ sentiments

The submissions were made before a bench of Justices Revati Mohite-Dere and Shyam C Chandak, which was hearing a plea that sought registration of hate speech FIRs against Rane; Geeta Jain, an independent MLA who supports the BJP; and Telangana BJP MLA T Raja Singh.

During an earlier hearing, after the petitioners raised a grievance as to why section 295A had not been invoked against the leaders, Public Prosecutor Hiten Venegaonkar had said the police commissioners of Mumbai and Mira-Bhayander would take a call on the matter.

On Tuesday, Venegaonkar submitted that the police commissioners have concluded that except for the speech made by Rane in Mankhurd-Govandi— where specific statements were made against the Muslim community in India—section 295A cannot be invoked against the MLAs. The other speeches were made at Ghatkopar, Kashmira (Mira Road) and Malwani.

Senior advocate Gayatri Singh, for the petitioners, argued that throughout his speech in Ghatkopar, Rane had made comments against a particular community.

“The police commissioner has perused the transcript of the speech and no case is made out for section 295A. The entire statement by Rane (Ghatkopar) pertains to Rohingyas, who are from Myanmar and Bangladeshis. Section 295A is for outraging sentiments of Indians and it is an admitted position that Rohingyas and Bangladeshis are not from India and they have entered jurisdiction illegally. The statement was not against the Muslim community in India,” Venegaonkar argued.

On April 23, after the court’s nudge, the police submitted that FIRs for hate speech under IPC section 153A and 153B (promoting enmity and disharmony within religious groups) had been registered against the three leaders and others.

While the Ghatkopar FIR had named Rane and one Subhash Ahir, FIR registered at Kashmira Police station in Mira-Bhayander arrayed Jain and Rane as accused and Malwani police included names of Rane and Bhagwan Thakur. Mankhurd Police had also named Rane in its FIR.

Telangana MLA T Raja Singh and one Naresh Nile were booked in a separate FIR registered by the Mira Road police under IPC sections 153A and 295A for allegedly making hate speech on February 25.

However, the petitioners sought that IPC section 295A ought to be added in all FIRs keeping in mind the Supreme Court judgment in the Amish Devgan case, in which the apex court had refused to dismiss hate speech proceedings initiated against the television journalist.

While disposing of the plea, the high court noted that the highest officers of police departments in Mumbai and Mira-Bhayander have made a conscious decision not to invoke section 295A and said the petitioners can seek invocation of the section before the trial court at the appropriate stage.

Venegaonkar also submitted that the chargesheet had been filed in the Kashmira (Mira Bhayandar) case on June 11 and that the trial court accepted it, adding that sanction would be availed of for invoking IPC sections 153A and 153B in the matter. He also submitted that the chargesheets would be filed in the other three cases within eight weeks with requisite government sanction.