Bombay High Court
Aftab Siddique And Ors vs The State Of Maharashtra And Ors on 9 July, 2024
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
NISHA
2024:BHC-AS:29006-DB Digitally signed by
NISHA SANDEEP
SANDEEP CHITNIS
Date: 2024.07.24
CHITNIS 12:41:28 +0530
25-wpst.6503.2024(gr)w.ias.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION (STAMP) NO.6503 OF 2024
1. Aftab Siddique
2. Ashfak Ali Akbarali Shaikh
3. Asgar Ali Shakoor Raeen
4. Ismail Khan
5. Sajjad Khatib ...Petitioners
Versus
1. State of Maharashtra
2. Director General of Police, Maharashtra
3. Commissioner of Police, Mumbai
4. Commissioner of Police of Mira Bhayandar
Vasai-Virar.
5. Naya Nagar Police Station
6. Shivaji Nagar Police Station
7. Ghatkopar Police Station ...Respondents
WITH
INTERIM APPLICATION (STAMP) NO.9343 OF 2024
IN
CRIMINAL WRIT PETITION (STAMP) NO.6503 OF 2024
N. S. Chitnis 1/14
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Annada Prasad Udgata ...Applicant/Intervener
IN THE MATTER BETWEEN:-
Aftab Siddique and Ors. ...Petitioners
Versus
The State of Maharashtra and Ors. ...Respondents
WITH
INTERIM APPLICATION (STAMP) NO.9220 OF 2024
IN
CRIMINAL WRIT PETITION (STAMP) NO.6503 OF 2024
1. Ganesh Arvind Karande
2. Manoj Suresh Kumar Parmar ...Applicants/Interveners
IN THE MATTER BETWEEN:-
Aftab Siddique and Ors. ...Petitioners
Versus
State of Maharashtra and Ors. ...Respondents
WITH
CRIMINAL WRIT PETITION (STAMP) NO.6586 OF 2024
Shanul Hassan Sayed ...Petitioner
Versus
1. The State of Maharashtra
2. The Secretary, Home Ministry,
Government of Maharashtra.
3. The Commissioner of Police, Mumbai
N. S. Chitnis 2/14
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4. The Deputy Commissioner of Police,
Zone XI, Mumbai.
5. The Asst. Commissioner of Police
Malwani Division, Mumbai.
6. The Senior Inspector of Police,
Malwani Police Station. ...Respondents
WITH
CRIMINAL WRIT PETITION (STAMP) NO.8348 OF 2024
Bakar Ali ...Petitioner
Versus
1. The State of Maharashtra
2. The Secretary, Home Ministry,
Government of Maharashtra.
3. The Director General of Police
State of Maharashtra
4. The Home Secretary
Home Department, Mantralaya, Mumbai
5. The Commissioner of Police
Meera Bhayander Vasai Virar.
6. The Deputy Commissioner of Police
Mira Road Division,
7. The Senior Inspector of Police
Nayanagar Police Station ...Respondents
N. S. Chitnis 3/14
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Ms. Gayatri Singh, Senior Advocate a/w Mr. Vijay Hiremath and
Mr. Hamza Lakdawala, for the Petitioners in WPST/6503/2024.
Mr. Karim Pathan a/w Mr. Shan-e-Ilahi Turky, Mr. Fazlurrahman
Shaikh and Mr. Khwaja Shaikh, for the Petitioner in
WPST/8348/2024.
Mr. Fazlurrahman Shaikh a/w Mr. Karim Pathan and Mr. Shan-e-Ilahi
Turky, for the Petitioner in WPST/6586/2024.
Mr. H. S. Venegavkar, P.P. a/w Ms. P. P. Shinde, A.P.P for the
Respondents-State.
Mr. Kaushik Mhatre, for the Interveners (Through video-
conferencing) in IAST/9220/2024 and IAST/9343/2024.
PI-Sunil Jadhav from Malwani Police Station, is present.
P.I-Ganesh Jadhav, from Ghatkopar Police Station, is present.
A.C.P-Vijay Marathe & A.P.I.-D. Patil, from Kashimira Police Station,
are present.
PSI-N.P.Sawant, from Mankhurd Police Station, is present.
CORAM : REVATI MOHITE DERE &
SHYAM C. CHANDAK, JJ.
DATE : 9th JULY 2024 P.C. :
1. The petitioners in Criminal Writ Petition (Stamp) No.6503 of 2024, seek the following substantive reliefs:-N. S. Chitnis 4/14 ::: Uploaded on - 24/07/2024 ::: Downloaded on - 25/07/2024 06:19:34 :::
25-wpst.6503.2024(gr)w.ias.doc "46. .... ....
a. Issue a writ of mandamus or any appropriate order or direction in the nature of mandamus directing the Respondent No. 5 to register an FIR against MLA Nitish Rane and MLA Geeta Jain under Sections 153, 153A, 153B, 295A, 504, and 505 of the Indian Penal Code, 1860 for having delivered hate speeches in Mira Road on 23/01/2024.
b. Issue a writ of mandamus or any appropriate order or direction in the nature of mandamus directing the Respondent No. 6 to register an FIR against MLA Nitish Rane under Sections 153, 153A, 153B, 295A, 504, and 505 for having delivered hate speeches in Govandi on 10/02/2024.
c. Issue a writ of mandamus or any appropriate order or direction in the nature of mandamus directing the Respondent No. 5 to register an FIR against Legislator T. Raja and MLA Geeta Jain under Sections 153, 153A, 153B, 295A, 504, and 505 for having delivered hate speeches in Mira Road on 25/02/2024.
d. Issue a writ of mandamus or any appropriate order or direction in the nature of mandamus directing the Respondent No. 7 to register an FIR against MLA Nitish Rane under Sections 153, 153A, 153B, 295A, 504, and 505 for having delivered hate speeches in Ghatkopar on 10/03/2024.
e. Issue a writ of mandamus or any appropriate order or direction in the nature of mandamus directing the Respondents No. 5 to 7 to file status reports with this Hon'ble Court, as such intervals as may be necessary, disclosing the progress in the investigation carried out in N. S. Chitnis 5/14 ::: Uploaded on - 24/07/2024 ::: Downloaded on - 25/07/2024 06:19:34 ::: 25-wpst.6503.2024(gr)w.ias.doc terms of FIRs registered pursuant to prayer clauses (a) to
(d)" .
2. The petitioner in Criminal Writ Petition (Stamp) No.6586 of 2024, seeks the following substantive reliefs:-
"5. .... ....
(a) This Hon'ble court by passing appropriate writ be pleased to transfer the case to the CBI or CID or any other special investigating agency to take over the investigation of the case.
(b) This Hon'ble Court by passing writ of Mandamus, order or direction, be pleased to direct the police to file the FIR against Mr. Nitesh Rane and other responsible persons of Sakal Hindu Samaj and take appropriate actions thereafter.
(c) This Hon'ble court may form a SIT under its supervision and direct the SIT to register a FIR and investigate the case in fair and transparent manner.
(d) That the appropriate action may be taken against erring police officers attached with Malwani Police station.
(e) That directions may issued to future rallys so that communal harmony remain maintained."
3. The petitioner in Criminal Writ Petition (Stamp) No.8348 of 2024, seeks the following substantive reliefs:- N. S. Chitnis 6/14 ::: Uploaded on - 24/07/2024 ::: Downloaded on - 25/07/2024 06:19:34 :::
25-wpst.6503.2024(gr)w.ias.doc "L. .... ....
(a) This Hon'ble court by passing appropriate writ be pleased to transfer the case to the CBI or CID or any other special investigating agency to take over the investigation.
(b) This Hon'ble Court by passing writ of Mandamus, order or direction, be pleased to direct the police to file the FIR against Mr. Nitesh Rane, Geeta Jain and other responsible persons of Sakal Hindu Samaj and take appropriate actions thereafter.
(c) This Hon'ble court may form a SIT under its supervision and direct the SIT to register a FIR and investigate the case in fair and transparent manner.
(d) That the appropriate action may be taken against erring police officers.
(e) That directions may issued to future rallys so that communal harmony remain maintained."
4. It is the petitioners' case in all the aforesaid petitions that the police have failed to take cognizance of certain sections of the Indian Penal Code ('IPC'), despite the said sections having being disclosed in the CRs. It is also the grievance of the petitioners that certain political persons who gave hate speeches have not been arraigned as accused. Accordingly, the aforesaid reliefs are sought for in the aforesaid petitions.
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5. Several orders were passed by this Court from time to time commencing from 8th April 2024. Infact, on 8 th April 2024, Mr. Venegavkar, learned Public Prosecutor had stated that the Police Commissioners of the concerned areas, will view the audio-video transcripts of the speeches, alleged to be hate speeches, and will thereafter take appropriate decisions on the same.
6. Thereafter, on 23rd April 2024, Mr. Venegavkar, learned Public Prosecutor submitted that the Police Commissioners have taken a decision to register FIRs with respect to the incidents that had taken place at Mira-Bhayandar, Mankhurd, Malwani and Ghatkopar. Mr. Venegavkar had tendered the said FIRs before this Court i.e. the FIR registered with the Mankhurd Police Station; Ghatkopar Police Station; Kashimira Police Station and Malwani Police Station. As far as the incident of violence which took place at Mira Road from 22nd January 2024 to 26th January 2024 is concerned, Mr. Venegavkar submitted that the police had registered 13 C.Rs in the said case. N. S. Chitnis 8/14 ::: Uploaded on - 24/07/2024 ::: Downloaded on - 25/07/2024 06:19:34 :::
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7. Since in all the 4 FIRs, Section 295A of the IPC' was not added, learned senior counsel Ms. Gayatri Singh made a grievance. She submitted that having regard to the judgment of the Apex Court in the case of Amish Devgan v/s Union of India 1, in particular para 102 of the said judgment, the police ought to have added Section 295A of the IPC to the aforesaid C.Rs, keeping in mind the transcripts of the speeches and ingredients of Section 295A of the IPC.
8. In view of the grievance made by learned senior counsel Ms. Gayatri Singh, Mr. Venegavkar, learned Public Prosecutor on 23 rd April 2024 had submitted that the respective Police Commissioners of the areas will take appropriate decision with respect to whether Section 295A of the IPC, ought to be added or not, keeping in mind the judgment of the Apex Court in the case of Amish Devgan (Supra) and the ingredients of Section 295A of the IPC. 1 (2021) 1 SCC 1 N. S. Chitnis 9/14 ::: Uploaded on - 24/07/2024 ::: Downloaded on - 25/07/2024 06:19:34 ::: 25-wpst.6503.2024(gr)w.ias.doc
9. Thereafter, on the next date i.e. on 19 th June 2024, Mr. Venegavkar, learned Public Prosecutor assured to handover the copy of the transcripts of the speeches to the learned senior counsel Ms. Gayatri Singh.
10. We have heard learned counsel for the respective parties. As far as C.R. registered with the Mankhurd Police Station, Mumbai, is concerned i.e. C.R. No.152 of 2024, the said C.R. has been registered for the alleged offences punishable under Sections 153A, 503, 504 and 505 of the IPC. The said C.R. has been registered against Nitesh Rane. It appears that subsequently on 12 th June 2024, Section 295A of the IPC, has been added to the said C.R.
11. As far as the C.R. registered with the Ghatkopar Police Station, Mumbai is concerned, i.e. C.R. No.521 of 2024, the said C.R. is registered against Subhash Ahir and Nitesh Rane. In the said C.R. the offences alleged are, Sections 153A, 504, 506 and 188 of the IPC. According to Mr. Venegavkar, learned Public Prosecutor, the N. S. Chitnis 10/14 ::: Uploaded on - 24/07/2024 ::: Downloaded on - 25/07/2024 06:19:34 ::: 25-wpst.6503.2024(gr)w.ias.doc Police Commissioner after going through the transcripts has come to a conclusion that Section 295A of the IPC, is not made out, and hence Section 295A has not been added to the said C.R.
12. As far as the C.R. registered with the Kashimira Police Station, Mira-Bhayandar, (the incident which took place at Mira- Bhayandar), is concerned, i.e. C.R. No.259 of 2024, the said C.R. is registered as against Nitesh Rane, Smt. Geeta Jain and 2 others. The offences alleged in the said C.R. are Sections 153A, 153B, 143, 504 and 506 of the IPC and Section 37(1) r/w Section 135 of the Maharashtra Police Act. Mr. Venegavkar, learned Public Prosecutor, informs us that charge-sheet in the said case, has been filed on 11 th June 2024. Mr. Venegavkar, learned Public Prosecutor, submits that as far as Sections 153A and 153B are concerned, the police have submitted papers to the State Government for obtaining sanction to prosecute the accused herein. Mr. Venegavkar states that as soon as sanction is received, the same will be produced before the trial Court. N. S. Chitnis 11/14 ::: Uploaded on - 24/07/2024 ::: Downloaded on - 25/07/2024 06:19:34 :::
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13. As far as the C.R. registered with the Malwani Police Station, Mumbai, is concerned i.e. C.R. No.298 of 2024, it appears that initially the said C.R. was registered only as against Bhagwan Thakur (organizer of the programme). The offences alleged were offences punishable under Section 188 of the IPC and Section 37(1) r/w Section 135 of the Maharashtra Police Act. It appears that subsequently, the police added Sections 153A, 504 and 506 of the IPC to the said C.R. and that Nitesh Rane was also been made an accused in the said case, on 22nd April 2024. Even in the said C.R., the Police Commissioner has taken a decision after going through the transcripts, not to add Section 295A of the IPC, as no offence under Section 295A is made out.
14. Mr. Venegavkar, learned Public Prosecutor, on instructions, makes a statement that charge-sheet will be filed in the 3 C.Rs i.e. C.R. No.152 of 2024 registered with the Mankhurd Police Station; C.R. No.521 of 2024, registered with the Ghatkopar Police Station N. S. Chitnis 12/14 ::: Uploaded on - 24/07/2024 ::: Downloaded on - 25/07/2024 06:19:34 ::: 25-wpst.6503.2024(gr)w.ias.doc and C.R. No. 298 of 2024, registered with the Malwani Police Station, within eight weeks from today, alongwith the requisite sanctions, as is necessary for the offences under Sections 153A, 153B and 295A of the IPC. Statement accepted.
15. As far as Kashimira Police Station, Mira-Bhayandar, is concerned i.e. C.R. No.259 of 2024, we have already noted, that although, charge-sheet has been filed in the said case, however, sanction to prosecute the accused for the offences punishable under Sections 153A and 153B of the IPC, is pending before the State Government. Mr. Venegavkar informs us, that the proposal will be decided within eight weeks from today. Statement accepted.
16. In view of the aforesaid, nothing survives for further consideration in all the aforesaid petitions. Petitions stand disposed of accordingly.
17. Needless to state, that it is always open for the Court to invoke Section 295A of the IPC, if a case is so made out during trial. N. S. Chitnis 13/14 ::: Uploaded on - 24/07/2024 ::: Downloaded on - 25/07/2024 06:19:34 :::
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18. In view of the aforesaid, nothing survives for consideration in Interim Applications being Interim Application (Stamp) Nos.9343 of 2024 and 9220 of 2024. The same are also disposed of accordingly.
. All concerned to act on the authenticated copy of this order.
SHYAM C. CHANDAK, J. REVATI MOHITE DERE, J. N. S. Chitnis 14/14 ::: Uploaded on - 24/07/2024 ::: Downloaded on - 25/07/2024 06:19:34 :::