Through PTI
MUMBAI: The Bombay Top Court docket Monday pushed aside a writ petition filed through lawmaker couple Navneet Rana and Ravi Rana, arrested beneath more than a few fees in reference to the Hanuman Chalisa controversy, searching for that some of the two FIRs registered towards them beneath segment 353 of the IPC be quashed.
The courtroom stated the petitioners and all others occupying public positions should act extra responsibly and display appreciate in opposition to different public individuals.
“As is frequently stated, with nice energy comes nice accountability,” a bench of Justices P B Varale and S M Modak noticed, including they discovered no advantage within the plea filed through the Rana couple.
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The bench, alternatively, stated that if the police come to a decision to arrest the Ranas or take every other coercive motion towards them in keeping with the second one FIR, it should give them understand of 72 hours.
The Khar police in Mumbai registered two FIRs (First Knowledge Stories) towards Impartial MP from Amravati Navneet Rana and her MLA husband Ravi Rana between April 23 and April 24, following their observation that they might recite ‘Hanuman Chalisa’ outdoor Maharashtra leader minister and Shiv Sena president Uddhav Thackeray’s non-public place of abode, ‘Matoshree’ in Bandra on April 23.
Their announcement induced offended protests through Shiv Sena staff who collected outdoor the couple’s place of abode in Khar house on Saturday searching for their apology.
The primary FIR towards the Ranas used to be filed at Khar police station round 5:30 PM on April 23 at the fee of selling enmity between other religions.
The police due to this fact added the fee of sedition to this FIR.
On April 24, a 2d FIR used to be filed towards the Ranas at round 2 AM beneath segment 353 (Attack or prison pressure to discourage public servant from discharge of his responsibility) of the Indian Penal Code.
In step with the second one FIR, when the Rana couple used to be arrested and requested to get within the police automobile, they argued with the police and “some dhakka-bukki (jostling)” happened.
The Rana couple, lately in judicial custody, approached the top courtroom on Monday morning searching for the quashing of the second one FIR thru recommend Rizwan Service provider.
Service provider instructed the HC that the entire offences have been a part of the similar tournament and that two separate FIRs were registered through the police out of vendetta- in order that if granted bail within the first FIR, the Ranas may also be arrested in the second one FIR.
Particular Public Prosecutor (SPP) Pradip Gharat argued that each the FIRs have been the results of two separate incidents- the primary used to be in keeping with the declaration of the recitation (of Hanuman Chalisa), and the second used to be registered when the couple resisted arrest.
The top courtroom stated it discovered advantage within the SPP’s submission.
“Those are two impartial, other occasions and no longer a part of the similar sequence of occasions. We discover no explanation why to grant reduction,” the HC stated.
The bench, alternatively, stated that if the police made up our minds to arrest the Ranas or to take every other coercive motion towards them in keeping with the second one FIR, it should give them prior understand of 72 hours.
The bench stated the Maharashtra executive were proper in apprehending regulation and order issues following the couple’s public statements on reciting the Hanuman Chalisa at ‘Matoshree’.
“The FIRs display that those are two impartial occurrences. The primary incident, of the petitioners attaining Mumbai, announcing they have been going to recite on April 23 gave upward thrust to the primary FIR,” the HC stated.
“The second one incident of resisting arrest gave upward thrust to the second one FIR beneath segment 353. The incidence of each occasions is at other instances. They’re impartial of one another and no longer a part of the similar central tournament,” it stated.
Service provider argued that the Rana couple were arrested at the mere apprehension that they might recite the Hanuman Chalisa.
“They (police) registered a selected offence handiest as a result of PM Narendra Modi used to be visiting the city (on April 24) they usually idea there shall be a regulation and order scenario. However this programme used to be cancelled.
They sooner or later publicly made up our minds to drop the speculation,” Service provider stated regarding the Rana couple chickening out their plan to recite Hanuman Chalisa on Saturday, an afternoon forward of the PM’s discuss with to Mumbai.
“Additionally, they by no means stated they’re going to recite it ‘at’ ‘Matoshree’. They stated ‘outdoor’ Matoshree,” Service provider argued.”
The top courtroom, alternatively, stated that cancelling the deliberate recitation “didn’t topic”.
SPP Gharat argued that the Ranas have been conscious that PM Modi used to be visiting Mumbai on April 24 and that their plan would motive an “explosive scenario” as the placement used to be already nerve-racking over the problem of loudspeakers at mosques.
He additionally stated that the police had first of all booked the Ranas handiest at the fee of selling enmity.
However after chatting with witnesses and recording statements, the police realised that the recitation plan used to be a “chilly and calculated transfer on their (Ranas) section to disturb the state executive. Therefore, the fee of sedition used to be added to the primary FIR”.
The top courtroom stated the state executive’s worry appeared justified.
“Any such declaration of the recitation at any person’s non-public place of abode and even at a public position is without a doubt originally the breach of the opposite individual’s non-public liberty (sic),” the HC stated.
“Secondly, the state is justified in its apprehension that such act of reciting spiritual verse on the CM’s non-public space would lead to disturbance to regulation and order,” it stated.
“We made an identical feedback simply two days again,” the top courtroom stated whilst regarding a listening to final week on Union minister Narayan Rane’s “slap” observation towards Uddhav Thackeray.
“However we’re pained to mention that our phrases fell on deaf ears.
We learned that we can’t be expecting anything else even from the ones occupying first rate posts ” the judges stated and pushed aside the plea of the Ranas, announcing that it used to be devoid of deserves.
“The second one FIR relates to a special set of occasions. Those don’t seem to be a sequel to the primary set of occasions. Those are two impartial, other occasions and no longer a part of the similar sequence of occasions, we discover no explanation why to grant reduction,” the bench stated.
This isn’t the MP-MLA couple’s first brush with controversy.
The Bombay top courtroom in June final 12 months cancelled the caste certificates issued to Navneet Kaur Rana, announcing it used to be got fraudulently the use of fabricated paperwork.
In January this 12 months, the Ranas had discovered themselves embroiled in any other criminal case, after Ravi Rana used to be booked for try to homicide over an attack at the Amravati municipal commissioner.
