The Maharashtra government informed the Bombay High Court on Tuesday that FIRs (First Information Reports) had been registered against two MLAs, Nitesh Rane and Geeta Jain, for their alleged hate speeches during and after communal clashes in Mira Road in January. While Rane is a member of the Bharatiya Janata Party (BJP), Jain is an independent legislator who supports the party.
The Mira-Bhayander Vasai-Virar police had earlier registered FIRs against Telangana BJP MLA T Raja Singh and Naresh Nile for alleged hate speech on Mira Road on February 25. The court had asked the police commissioners of Mumbai and Mira-Bhayander Vasai-Virar to decide whether FIRs for hate speech could be registered against the leaders concerned.
The state lawyer submitted that the police commissioners were convinced that offenses were made out against the leaders. A bench of Justices Revati Mohite-Dere and Manjusha A Deshpande was hearing a plea that sought registration of FIRs against the three MLAs for alleged hate speech. Five petitioners, including two victims of the violence, said they were prompted to approach the court as the police had failed to register cases against the leaders on their own despite Supreme Court directions.
Appearing for the petitioners, senior advocate Gayatri Singh as well as advocates Vijay Hiremath and Hamza Lakdawala had argued that the MLAs’ speeches clearly showed that an offense of hate speech was made out. The petitioners sought registration of FIRs under sections 153 (provocation with intent to cause riots), 153A, 153B (promoting enmity between groups), 295A (defiling place of worship), 504 and 505 (statements breaking public peace, causing mischief) of the Indian Penal Code.
Public Prosecutor Hiten Venegaonkar informed the bench on Tuesday that the police commissioners had perused the content of the political leaders’ speeches and that four FIRs under sections 153A and 153B and other IPC provisions had been registered over speeches made by the leaders in the Mira Bhayander, Mankhurd-Govandi, Ghatkopar, and Malwani areas.
Venegaonkar submitted that an FIR was registered at the Mankhurd police station against Nitesh Rane under IPC section 153, while the Ghatkopar police booked him and one Subhash Ahir under sections 153A and 506. The Mira Bhayander police registered a case against Rane and Geeta Jain under IPC sections 153A, 153B, 504, and 506. He added that the Malvani police had booked Rane and one Bhagwan Thakur under similar IPC provisions.
After the petitioners argued that section 295A (defiling place of worship) was not invoked against the leaders, Venegaonkar said the police commissioners would take a call on it and file an affidavit. He noted that the police had also registered 13 complaints in relation to the violence in Mira Road in January. The court will hear the plea next on June 19.
