MUMBAI: Special Judge R N Rokade said he would try to pass orders on Monday, May 2.
Independent MP Navneet Rana and her husband, MLA Ravi Rana, sought bail in an FIR registered by the Mumbai Police following their public declaration of reciting the religious verse outside Matoshree in Bandra, the private residence of Thackeray.
On Saturday, defence through senior counsel Aabad Ponda along with advocate Rizwan Merchant argued for the politicians pleading for bail contending that there was no offence of sedition made out and also invoking humanitarian aspects by saying their 8 year old child was deprived of the parents’ love and attention as they were left “languishing in jail”.
Ponda cited the Supreme Court and High Court rulings to argue that sedition requires an element of violence against the “government established by law” and that was not what happened in this case. He said there was no violence intended nor cause and mere chanting of religious verse —which never even took place as they withdrew their intention— doesn’t attract an offence of sedition.
The special public prosecutor Pradeep Gharat said the couple was issued a notice, to maintain peace, by Mumbai police and yet they held media interviews and declared their intention to go ahead and even exhorted “thousands of karyakartas” to join them for the chanting. He read out from some of the excerpts of a television broadcast and said the words they used against the CM and the ruling government in Maharashtra was adequately showing that sedition was attracted as they were “aware of the repercussions” of their actions.
He said they withdrew their intention because they knew it would cause law and order issue and the very fact that they came to Mumbai from Amravati after declaring their intention to chant was in furtherance of their intention to commit a crime. He said no bail be granted as they are “influential people” and would tamper with the probe and SP long as the probe is not completed they be denied bail said Gharat.
Ponda said, “The call to recite the Hanuman Chalisa outside Matoshree, Bandra East to recite “Hanuman Chalisa” cannot be said to be calculated to promote feelings of enmity or hatred and the charge under section 153(A) cannot be sustained.” He said there was “ no intention” to instigate or create hatred and it was only a “peaceful democratic show of their disapproval of policy of the state government”. He said the verse “ was chanted even in London but apparently it cannot be chanted in Mumbai.”
He said “ironically, they (police) invoked the offence when no act was even committed as they did not step out of their home.”
The Ranas had dropped their plan to recite the Hanuman Chalisa (hymns dedicated to Lord Hanuman) last Saturday outside Thackeray’s private residence, citing the visit of Prime Minister Narendra Modi to Mumbai for an event
Gharat argued that the Ranas had cross the limits of free speech.
The special prosecutor said “fair criticism is never barred. Here it is well studied by accused—the Ranas—that Hinduism is such a card that if it is used government of Maharashtra can be trapped. Shiv Sena was promoting Principles of Hinduism and if it is shown that it has changed its stand and is against the Hindus then this government can fall. Thus the idea of chanting Hanuman Chalisa came about. Am not making any political statement. These are statements given by witnesses. Merely innocently reading Hanuman Chalisa was not the intention as argued.”
Gharat said, “They—Navneet Rana and Ravi Rana— will try to sabotage the probe. They are politically powerful people and will influence the probe. Till investigation is complete they not be granted bail.”
Ponda said,” What are you (prosecution) trying to achieve by keeping them behind bars? Will the government be defeated ?
Ranas have suffered enough. They Will Cooperate. By keeping them behind bars It is sending the most unhealthy message, that level of tolerance is so low in the court.” He also said, “ They are independent legislators and it is not as if the investigation agency can be so easily influenced. Cannot keep them in continuing custody at Arthur Road.” He cited SC which said, “a citizen has a right to say anything against government as a fair criticism so long as it does not induce violence against government or public disorder” and added, “A ‘government established by law’ is distinct from the government of the day. Keep aside the fact that present government is not the Shiv Sena party. There are three parties.”
