Bombay HC questions state over its adequacy of action in plea seeking prosecution of BJP leader over ‘hate speech’

MUMBAI: Bombay high court on Friday asked the state government to place on affidavit what steps it takes and procedures it follows in cases of hate speeches and questioned it on the adequacy of actions taken in a petition seeking arrest of BJP’s senior leader Vikram Pawaskar for his alleged role in an attack on a mosque in Satara last September.
One Shakir Tamboli had filed a petition seeking that the High Court direct the Maharashtra government “to take immediate action” in two FIRs and “properly prosecute and arrest Vikram Pavaskar and if required transfer the investigation to court monitored Special Investigation Team”.On January 19, the HC bench of Justices Revati Mohite Dere and Manjusha Deshpande had sought State’s response within two weeks to a writ petition demanding action against Pawaskar.
On Friday, advocate Abhinav Chandrachud appearing for Pawaskar sought to intervene saying the petitions was making demands that affect his client’s rights and he was not made a party to the petition. However, since no written application for intervention was made the court did not consider the plea at this stage.
On Friday senior counsel Mihir Desai and advocate Lara Jasani for Tamboli submitted that there were two incidents of alleged hate speech by Pawaskar on January 24 and June 2 last year in Vita and Islampur in Sangli district, but yet immediate steps had not been taken by the police to arrest Pawaskar. The police had done the videography and registered an FIR.
The HC asked the state several questions on its inaction regarding two FIRs in Sangli. The State through public prosecutor Hiten Venegaonkar submitted one affidavit regarding a Satara case and sought time to file further affidavit on the Sangli cases and said police was following the necessary process in taking action.
The Court will hear the matter next on March 5. The petitioner’s lawyers had argued before the HC that despite incidences of hate-speech having taken place on 24 January 2023 and 2 June 2023, at Sangli, no steps have been taken by the police to arrest the person who gave the hate-speech.
Jasani had last month also submitted that as far as the incident of 24 January 2023 is concerned, the case was registered by the police only on 11 May 2023, after making several representations to the police for registration of an FIR. She argued that police flouted guidelines mentioned in a 13 January 2023 Supreme Court order on steps to be taken in cases of hate speech.
In the Jan 19 order the HC recorded Jasani’s submission which said, on 21 August 2023, “ one mosque was vandalized and people were lynched and that one person died” and several injured.
“According to the counsel for the Petitioner, one Vikram Pavaskar had incited/instigated Sangram Mane and others to vandalize the mosque and to fuel communal violence. She submits that the police have arrested only Sangram Mane, in whose house the alleged conspiracy took place, however, have not taken any steps vis–a–vis Vikram Pavaskar,” the HC order read.