Although Ranas’ utterances were “blameworthy,” a court judgement states that the mere uttering of disparaging or offensive words is not enough to constitute sedition.
While Independent MP Navneet Rana and her husband MLA Ravi Rana “crossed the lines of freedom of speech and expression” in their “blameworthy” statements against Maharashtra Chief Minister Uddhav Thackeray, a special court said that mere expression of derogatory or objectionable words is not a sufficient ground to invoke sedition under Section 124 A of the Indian Penal Code. The court also stated that political leaders have a higher obligation because they play an essential role in promoting peace and tranquilly.
On Wednesday, the Ranas were granted bail. On Friday, the detailed 17-page order was made public. They were arrested on April 23 after announcing that they would perform Hanuman Chalisa at the chief minister’s residence. While the couple claimed that their declaration was made to gain public support, the Mumbai police claimed that their goal was to incite public disruption and undermine law and order in the state to the point where the current administration would be forced to dissolve.
In his ruling, special judge R N Rokade, who presided over the special court in Mumbai for the hearing of criminal cases against MPs and MLAs, stated that the “decisive ingredients of section 124A of the IPC are not made out at this time.”
“It is pertinent to note on perusal of the FIR, it is not the case of the prosecution that the said announcement was made with an intention to incite people to create disorder by acts of violence. The said announcement does not in any manner have the tendency of subverting the government by violent means, nor does the same have the effect of creating hatred, disaffection or contempt of the government.”- the court
It went on to say that the transcripts of the couple’s media interviews show that they used “very objectionable” language and statements against the CM.
“It is to be noted here that political leaders play an important role in facilitating peace and tranquillity. Their vitality is appreciated due to the fact that they have followers, people who believe in what they say and act accordingly. Therefore, politicians and other public figures have greater responsibility. The impact of political speech is also greater because politicians are in a position of authority. Undoubtedly, the applicants have crossed the lines of freedom of speech and expression guaranteed under the Constitution of India. However, mere expression of derogatory or objectionable words, may not be a sufficient ground for invoking the provisions contained in Section 124A of IPC.”- the court
It stated that the section’s provisions would apply only when written or spoken remarks have the propensity or intention of causing unrest or disruption of peace through the use of violence.
“Therefore, though the statements and acts of applicants are blameworthy, the same cannot be stretched too far to bring within the ambit of Section 124A of the IPC,” the court said. It said that the Rana couple had withdrawn their plan to chant Hanuman Chalisa at the residence of the chief minister before the FIR was filed.
“It may be noted that neither the applicants called anyone to bear arms nor any violence was incited in general as a result of the speech delivered by the applicants. In this view of the matter, I am of the considered view that prima facie, decisive ingredients of Section 124A of the IPC are not made out at this stage.”- the court
The court stated that the prosecution’s concerns can be addressed by imposing strict conditions on the couple’s release. The restrictions included not speaking to the press about any aspect of the case, making oneself available for inquiry, and not committing another crime while on bail. On Thursday, the couple was released.
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