A Mumbai Sessions court on Monday deferred till Wednesday its ruling in the bail applications of Independent MP from Amravati Naveent Rana and her MLA-husband Ravi Rana in the case involving their arrest over threat to recite “Hanuman Chalisa” in front of Chief Minister Uddhav Thackeray’s private residence “Matoshri” at Bandra in nort west Mumbai.
Special Judge RN Rokade, who was to deliver his verdict on the bail pleas of Ranas on Monday, postponed his ruling to Wednesday morning.
After hearing Senior Advocate Abad Ponda and Advocate Rizwan Merchant—representing Navneet and Ravi Rana and Special Police Prosecutor Pradip Gharat, Special Judge Rokade reserved his ruling on the bail applications of the Rana couple for Monday.
Ranas were arrested on April 23 for offences registered initially against them under sections 153A (causing enmity between different groups), 34 (common intention) and later under section 124A (sedition) of IPC for challenging the government machinery and making remarks against Maharashtra Chief Minister Uddhav Thackeray in a controversy arising out of their threat to recite “Hanuman Chalisa” in front of Maharashtra chief minister Uddhav Thackeray’s Bandra residence.
They were also booked under provisions of the Bombay Police Act for causing a law and order situation in the city. Making a strong case for release of Ranas on bail, Ponda had argued before the sessions court that the Mumbai Police had neither bothered to take custody of the Rana couple nor did they interrogate them even for a single day during their judicial custody.
Ponda had said that while reciting Hanuman Chalisa outside a mosque would have different repercussions, “but it is not that case here, because CM himself is a staunch Hindu".
Ponda contended that that the Rana couple had not criticised the Muslim community by using loudspeakers nor were intending to use loudspeakers for the recitation.
Ponda pointed out that since the police sent notice to Ranas not to recite Hanuman Chalisa, they could not go ahead with their plans and that being the case, the offence did not amount to sedition. He said that the citizens have a right to criticise the government as long as the criticism did not incite violence. Ponda had said that criticism of Uddhav Thackeray or Shiv Sena did not amount to criticism of the Government, as this Sena was one of the three constituents of the coalition government in the state.
Opposing the grant of bail to Ranas, Special Police Prosecutor Pradip Gharat told the court that the place in question where the recitation was to happen belonged to the Chief Minister of the State. “While citizens have the right to criticize the Government, the same has to be done within a limit, and if that limit is crossed, it will fall under the ambit of Section 124A of IPC,” he
said.
In an affidavit filed in the court earlier opposing the bail pleas made by the Rana couple, the Prosecution had earlier told the court: “ The plan to read "Hanuman Chalisa" at the private residence of the Hon'ble Chief Minister at Matoshree bunglow is big plot to create a challenge to the law and order situation and to the maintenance of law and order by the Government established by the rule of law to such an extent that the collapse of law and order can be pleaded and the recommendation can be made for dissolution of the present Government by the Governor of Maharashtra".
The affidavit filed by the Mumbai police should be seen in the context of the fact that Navneet, who an Independent MP from Amravati, and her Badnera MLA-husband Ravi Rana are allies of the Opposition BJP which has been vehemently criticising the ruling Shiv Sena on the issue of Hindutva and has often spoken about the likely fall of the Uddhav Thackeray government.