maharashtra Police | SabrangIndia News Related to Human Rights Fri, 23 Aug 2024 10:52:17 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png maharashtra Police | SabrangIndia 32 32 Bombay HC chastens Maharashtra Police for shoddy investigation in cases involving sexual assault against minors and women https://sabrangindia.in/bombay-hc-chastens-maharashtra-police-for-shoddy-investigation-in-cases-involving-sexual-assault-against-minors-and-women/ Fri, 23 Aug 2024 10:52:17 +0000 https://sabrangindia.in/?p=37441 In two separate judgements delivered by the Bombay High Court, the court said people should not be required to come out on streets to ensure that police act in cases involving sexual offences

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Introduction

In a case involving sexual assault against two kindergarten girl students at a school in Badlapur, the Bombay HC chastened the police authorities for the delay in registering the FIR and victim statement of one of the girls.  It also pulled up the school authorities for not reporting the case to the police and asked whether the police had registered a case against the school under Protection of Children from Sexual Offences (POCSO) Act. When Advocate General Birendra Saraf told the court that action against the school will be taken now, the court retorted that it should have been done at the earliest and ordered the police to take action against the school authorities, Bar and Bench reported. The bench of Justices Revati Mohite Dere and Prithviraj Chavan also questioned the police for not naming the second child victim in the FIR and sought explanation for the same.

The court made these queries and remarks while hearing the suo moto case [High Court on its own motion v. State of Maharashtra] on August 22, 2024 concerning the lapses in police investigation in the case of sexual abuse of two 4-year-old girls at a school in Thane’s Badlapur.

The bench was reported saying that “These girls have complained but several cases go unreported. It needs huge amount of courage to speak about all this. Definitely the Police hasn’t played its role the way it ought to be. Had the police be sensitised, this wouldn’t have happened.” The court further conveyed its displeasure and said “We are appalled by the fact that the Badlapur Police has taken no efforts to record the statement of the second victim girl with either under Section 161 and 164.”

Notably, the Press Trust of India reported that thousands of protesters blocked railway tracks at Badlapur station and stormed the school building on Tuesday (August 20, 2024) after the case came to the limelight. The accused has been identified as a school sweeper and had reportedly assaulted the girls in the school washroom. The police informed the court that they have formed the Special Investigation Team (SIT) in the case and have arrested the accused Akshay Shinde on August 17, following the complaint reported by the parents of the victim on August 16. The state also told the Court that statements of the girls have been recorded and their medical examination has also been conducted. The bench said that counselling of the girls needs to be undertaken, asked the state to inform in that regard.

Notably, it is alleged that the parents of the victim girls were made to wait for 11 hours at Badlapur police station before the officials took note of taking their complaints. On this issue the bench said that “The first thing in such cases of minors is police must have registered FIR. But they made the family wait for hours. This discourages the public from reporting such incidents.”

Criticising the Maharashtra Police, the High Court said “People shouldn’t lose faith in public. You should know what the motto of the Maharashtra Police is सद्रक्षणाय खलनिग्रहणाय (Sadarakshanaya Khalanigrahanay). It means to protect the good and restrain the wicked. Please be reminded of this…People should not come out on the streets like this for getting an FIR lodged.”

In a separate matter in which a minor girl was raped and who’s four and half month-old foetus was clandestinely aborted by a private hospital in Mumbai, another bench of Bombay HC rebuked the Maharashtra Police for deficiencies in the investigation. Importantly, the hospital had destroyed all the evidence regarding the abortion and had discarded the foetus.

Taking cue from the Badlapur case, the bench of Justices Ajay Gadkari and Neela Gokhale took a shot at the police and said “Every day, we come across at least four cases of serious crimes against women which aren’t probed properly… This is pathetic… Don’t you have specialised officers or women officers? Why to let only constables and head constables probe the cases. Why isn’t the Police sensitive in such cases?”

Justice Gadkari said, “Unless people protest your department won’t investigate? Is the State of Maharashtra trying to give us a signal that unless people protest it won’t take crimes against women seriously? Every day we are hearing of some or the other rape or a POCSO case”, LiveLaw reported.

The bench also questioned DCP Chowgule-Shringi and asked how come the police was not aware of the fact that a ‘hasty’ abortion carried out on the victim, who happened to be minor at the time of the incident. When the officer told the court that statement of the victim has been recorded by the police under Section 164, the bench replied that “But how will you prove the fact that the accused impregnated the victim? What if the court says the 164 statements are not inspiring confidence? Where does the case go then? Will this not help the accused? Is the police now helping the accused to save him from the clutches of law? How can the hospital destroy such vital piece of evidence?”

It further said “Had we not taken judicial note, this couldn’t have come to light. Shouldn’t we record that all this is being done only to assist the accused in a POCSO case. How can the hospital carry out termination of a 4 and a half months foetus by consent of the minor girl, who lodged Rape case against accused…And worst is how can the hospital not maintain the evidence and go ahead and discard the entire evidence despite our clear orders that whenever the pregnancy of a rape victim is aborted, the tissue needs to be preserved for the purpose of DNA Sampling”.

The court ordered the DCP to file an affidavit detailing the investigation plan of the police and asked what action it proposes to take against the hospital, which destroyed the evidence. Moreover, it also directed the police authorities to verify whether the applicant Tarun Singh obtained the consent for the abortion either fraudulently or by force from the victim and her family.

The bench further expressed its concern over the manner in which investigations are being carried out by the police in cases related to women and children, despite repeated court orders flagging poor investigations in such cases. The judges said that if the state of Maharashtra is unable to pursue proper investigation in these matters, it should make a public declaration that it will not henceforth probe such serious cases.


Related:

Supreme Court stands firm on POCSO cases, overturns high court decision | CJP

Accused under POSCO granted bail on condition of marriage to victim: Allahabad HC | SabrangIndia

1.9 lakh POCSO cases pending in Fast Track Courts: Ministry of Women and Child Development | SabrangIndia

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Maharashtra: Two minor girls sexually assaulted, delay in FIR, failure of accountability, attempts to cover up crime https://sabrangindia.in/maharashtra-two-minor-girls-sexually-assaulted-delay-in-fir-failure-of-accountability-attempts-to-cover-up-crime/ Wed, 21 Aug 2024 14:09:29 +0000 https://sabrangindia.in/?p=37402 Protests by locals in Badlapur after Maharashtra police did not file an FIR in the case for over 12 hours after it was brought to their attention-- delaying medical examination by 10 hours—has created a storm in Thane district of Maharashtra; SCPCR accuses school of attempting to cover up the crime instead of assisting the parents in filing a police complaint; Opposition says school was run those with the BJP

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India is grappling with a disturbing rise in violence against women and children, reflecting a broader societal crisis. In the month of August 2024 itself, multiple harrowing cases of sexual violence against women and children have come to the forefront, shocking the conscious of this nation. Despite efforts to promote gender equality and strengthen legal protections, the safety of women and children remains precarious. Disturbing incidents of sexual assault, domestic violence, and child abuse continue to surface, underscoring the systemic challenges that persist. Though official figures (NCRB) do acknowledge that violent sexual assault cases number a staggering 87 per day countrywide, to see detailed reports of these emerge, with so many of them on minors is shocking.

While some cases that elicited huge social media outrage recently have sparked widespread protests while and such incidents where the victims were marginalised groups have skipped the eyes of the media, the deep-rooted issues of gender-based violence and inadequate enforcement of laws have made meaningful change elusive. The recent incident in Badlapur, Thane, Maharashtra, where two young girls were allegedly sexually assaulted in a school, is a tragic reminder of the vulnerabilities that both children and women face in India today.

Two four-year-old girls attending pre-primary classes at a well-known co-ed school in Badlapur were allegedly sexually assaulted by a 23-year-old male cleaner named Akshay Shinde on August 12 and August 13, 2024. The incidents reportedly took place in the girls’ restroom, which lacked supervision by any female staff. Shinde had been hired on a contractual basis starting August 1, 2024.

The situation came to light when one of the girls complained of pain and revealed her ordeal to her parents. The concerned parents then discovered that a second girl had also been subjected to the same alleged abuse. According to a report by India Today, which cited the FIR, the sexual assaults occurred between 9 a.m. and 12 p.m. on August 13. One of the young victims reported pain in her private areas, and when questioned by her parents, she disclosed that the accused had inappropriately touched her while she was in the school restroom. The complaint further mentioned that the girl appeared scared and informed her parents that an older male at the school, whom she referred to as “dada” (Marathi for elder brother), had undressed her and touched her inappropriately.

Alarmed by this, the girl’s parents contacted the family of her friend, who revealed that their daughter was also frightened of going to school. Both girls were subsequently taken to a local doctor, who confirmed that they had been sexually assaulted. Following this, the parents decided to file a sexual assault complaint. The complaint was lodged on the night of August 16, leading to the arrest of the accused.

On the morning of August 20, the victims’ parents organised a silent protest outside the school. The protest saw participants holding banners demanding the death penalty for the accused. The entire town of Badlapur, Maharashtra, effectively came to a standstill as thousands of demonstrators gathered in support, also to express their outrage. Protesters blocked railway tracks at the local station and stormed the school building where the alleged abuse had taken place. (Details of the protest can be read here.)

According to PTI reports, accused Akshay Shinde, a sweeper employed by the school through a cleaning company on a contract basis beginning August 1, has had his police custody extended until August 26. In a recent development, the suspect was brought before a magistrate in Kalyan this morning under tight police security, as reported by PTI.

A recent report in the Print also suggests that the sexual assault might have taken place earlier that the indicated August 12/13, and that there may be other girls from the school who also have been sexually assaulted.

Delay on filing FIR, taking action by Maharashtra police:

The family reported the incident to the police on August 16, but they allege that the First Information Report (FIR) was not filed by the Maharashtra police until 12 hours later, around 9 p.m. that day, according to a report by India Today. The FIR details that the accused, Akshay Shinde, had sexually abused the child. Shinde was arrested by the police on August 17. According to the report of ThePrint after accessing the FIR, the accused was booked under Sections 65(2) (punishment for raping a woman under 12 years of age), 74 (assault or criminal force against a woman with the intent to outrage her modesty), 75 (sexual harassment) and 76 (assault or criminal force with the intent to disrobe) of the Bharatiya Nyaya Sanhita and Sections 4(2), 8 and 10 of the Protection of Children from Sexual Offences (POCSO) Act.

The delay in filing the FIR has sparked public anger, as timely circumstantial and medical evidence is critical in such cases. This lack of timely police action has drawn sharp criticism from the opposition, with the Maha Vikas Aghadi (MVA) coalition—comprising the Congress, NCP (Sharad Pawar faction), and Shiv Sena (Uddhav Balasaheb Thackeray faction)—lambasting the Mahayuti-led ruling government for the police’s insensitivity. The opposition alleges that the girls’ parents were forced to wait for 12 hours at the Badlapur police station before their complaints were taken seriously.

The National Human Rights Commission (NHRC) has demanded a report from Maharashtra regarding the “12-hour delay” in registering the FIR after the parents lodged a complaint. The Maharashtra State Commission for Protection of Child Rights (SCPCR) also criticized the school, accusing it of attempting to cover up the crime instead of assisting the parents in filing a police complaint, as reported by PTI.

Susieben Shah, Chairperson of the Maharashtra State Commission for Protection of Child Rights, stated that the school where the two young girls were allegedly sexually abused chose to conceal the crime rather than help the parents file a police complaint. She mentioned that the child protection unit eventually escorted the parents to the police station to lodge the complaint. When Shah inquired about the case with the school management, they attempted to downplay the incident. She questioned why the Protection of Children from Sexual Offences (POCSO) Act should not be applied to the school management. As per the report of thePrint, The parents further highlighted that when the family approached the school for CCTV footage, the family said the authorities denied them access and said the CCTV system had been turned off for the past 15 days.

As per a report in India Today, Shah further noted that if the school had promptly alerted the police, the subsequent chaos in Badlapur could have been avoided, emphasizing that the issue stemmed from the parents being made to wait for 11 hours. Additionally, the medical examination of one of the girls was delayed by approximately 10 hours, with the mother, who was two months pregnant, being forced to wait during this time. Shah also recommended establishing a structured procedure for educational institutions to prevent similar situations in the future.

Priyank Kanungo, Chairperson of the National Commission for Protection of Child Rights (NCPCR), condemned the school for its insensitivity and efforts to cover up the incident, as well as the police for delaying the FIR. He mentioned that the Deputy Chief Minister of Maharashtra has taken strict actions against the officers involved, and the NCPCR plans to take severe measures against the school administration for attempting to suppress the case. A team from the NCPCR will be sent to investigate the matter further.

Post-FIR action by the Maharashtra government:

The Maharashtra government has suspended three police officials, including a senior inspector, for alleged dereliction of duty in handling the Badlapur sexual assault case and has transferred the investigation to a Special Investigation Team (SIT). The SIT will function under under IPS officer Arti Singh. Deputy Chief Minister and Home Minister Devendra Fadnavis confirmed these suspensions on social media platform X, highlighting the immediate suspension of the senior inspector, assistant sub-inspector, and head constable involved. However, these actions have done little to ease public outrage.

As per multiple media reports, in response to the mounting pressure by the people of Maharashtra, the Chief Minister’s Office (CMO) also issued a stern warning, stating that legal action would be taken if the school management is found negligent. It is essential to highlight that the school management has suspended the principal, a class teacher, and a female attendant.

CM Shinde also reportedly instructed the Thane Police Commissioner to prioritize the case and called for a review to ensure the establishment of Sakhi Savitri committees in all schools, which are intended to protect students.

Additionally, Shinde proposed several measures to improve school safety and prevent future incidents, including the installation of complaint boxes in every school and stricter oversight of staff who interact regularly with students. The government has established a Special Investigation Team (SIT) to thoroughly investigate the case and ensure justice is served.

Maharashtra Deputy Chief Minister Devendra Fadnavis announced that senior lawyer Ujjwal Nikam would serve as the special public prosecutor for the case and assured that the trial would be expedited in a Fast Track court. Chief Minister Eknath Shinde has also ordered a high-level investigation and reiterated that an SIT would be formed. It is essential to note that Ujjwal Nikam, who was previously fielded by the BJP against Congress’s Gaikwad Varsha Eknath in a recent Lok Sabha election, lost despite being chosen over two-time MP Poonam Mahajan for the Mumbai North Central seat.

Questions raised by the opposition parties against lawlessness in Maharashtra

The ruling government of Maharashtra has also come under severe criticism for responding to the outpouring of people’s anger with filing of reverse FIRs against the demonstrators, registering complaints against 300 individuals and arresting more than 40 with charges of rioting, stone-pelting, disrupting train services, and clashing with police. After receiving criticism for filing FIRs against the protestors itself, CM Shinde deemed the Badlapur protest to be politically motivated, with most protestors being outsiders and not locals.

On August 21, Senior Shiv Sena (UBT) leader Sanjay Raut announced that the opposition Maha Vikas Aghadi (MVA) will call for a Maharashtra Bandh on August 24 in response to the Badlapur school sexual assault case. Raut stated that while MVA allies had convened to discuss seat-sharing for the upcoming state assembly elections, they chose to postpone that discussion in light of the current situation.

“The people of Maharashtra are outraged, and FIRs have been filed against those who protested. We have decided that on August 24, MVA will call for a Maharashtra Bandh over the Badlapur incident,” Raut said.

UBT Sena Rajya Sabha MP Priyanka Chaturvedi –extremely vocal on the recent Kolkata rape and murder of a young woman doctor, also expressed her outrage over the incident. She joined other opposition leaders in criticizing the delay in filing the FIR, contrasting it with the police’s swift action against protesters.

Chaturvedi also put out a social media post on how a woman journalist covering the Baldapur sexual assault case was asked by Waman Mhatre, former Badlapur Mayor and a leader of the Shinde-led Shiv Sena part, if she had been sexually assaulted herself. As per Chaturvedi;s post, the journalist has filed a complaint against the same with the police.

Shiv Sena (UBT) chief Uddhav Thackeray called for a fast-track trial, alleging that the school involved in the case had ties to BJP leaders. He criticised the government for failing to protect women despite promoting initiatives like the Mukhyamantri Ladki Bahin scheme, which provides a monthly amount to women of Maharashtra to encourage their empowerment. Thackeray further condemned the politicization of crimes against women, particularly in targeting certain states.

NCP (Sharad Pawar faction) Lok Sabha MP Supriya Sule questioned the delay in registering the FIR and demanded an inquiry into the police’s inaction. Sule had incidentally not spoken on the recent horrific gang rape of a woman doctor at a hospital in Kolkata.

In addition to question the conduct of the Maharashtra police, many opposition leaders also pointed finger at the ruling state government’s decision to appoint Nikam as the public prosecutor in the Badlapur case. Allegation of the school where the incident took place being run by people associated with the BJP were also raised.

Congress leader Aslam Shaikh criticised the state government, highlighting the increase in crime, particularly against women, in Thane—Chief Minister Eknath Shinde’s own district. Shaikh questioned how the public could trust Advocate Ujjwal Nikam, the special public prosecutor appointed to the case, given his recent affiliation with the BJP. He demanded accountability from the Chief Minister, stating that the rise in crime rates and the failure to protect women reflected poorly on the government’s leadership.

Opposition Leader Vijay Wadettiwar opposed Ujjwal Nikam’s appointment as the public prosecutor in the Badlapur case, arguing that the school’s connection to the BJP and Nikam’s association with the party could compromise the pursuit of justice. Wadettiwar demanded that the trial be expedited and concluded within three months, with the accused facing the death penalty.

Related:

Maharashtra: Swift action on protesters, delayed justice for sexual assault against minors, police priorities need to be questioned

India’s cry for justice: The brutal Kolkata rape-murder of a young doctor has ignited nationwide protests on the eve of the 78th Independence’s Day

The illusion of the glamourous Malayalam cinema falls apart: Justice Hema Committee report provides insight into systematic harassment and exploitation of women actors

Caste and Indifference: Two separate incidents of rape against minor Dalit girls in UP and Bihar receive no media coverage, protest or outrage

 

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FIRs for hate speech registered against BJP MLAs Nitesh Rane and Geeta Jain: Maharashtra Police to Bombay High Court https://sabrangindia.in/firs-for-hate-speech-registered-against-bjp-mlas-nitesh-rane-and-geeta-jain-maharashtra-police-to-bombay-high-court/ Tue, 23 Apr 2024 12:17:24 +0000 https://sabrangindia.in/?p=34890 Citizens of Mira Road-Bhayander, Citizens for Justice and Peace have been filing consistent complaints before the police on these speeches since January 2024 but it is only after other citizens moved the Bombay High Court that the police moved to register FIRs in these cases

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The Maharashtra Police on Tuesday, April 23 finally informed the Bombay High Court that criminal cases have been registered against BJP MLA Nitesh Rane for alleged hate speeches in Malwani, Mankhurd, Ghatkopar. FIR is also registered against MLA Gita Jain for alleged hate speech in Mira Bhayander from January to March this year, reported LiveLaw and Bar & Bench.

The FIRs have been registered under sections 153A (promoting enmity between groups on ground of religion etc.), 504 (intentional insult with intent to provoke) and 506 (criminal intimidation) and other relevant provisions of the IPC. These developments that have taken nearly three months to unfold and only after citizens approached the Bombay High Court.

On February 3, 2024, citizens of Mira Road-Bhayander had lodged a complaint with the local police against MLA Geeta Jan for delivering hate speech. NO FIR was registered. The Citizens for Justice & Peace (CJP) had filed complaints against Rane earlier this year. On April 2, CJP’s complaint to the jurisdictional police at Dongri, Mumbai and Thane flagged the hate speeches of the BJP MLA from Kankavli, Nitish Rane. He had made the incendiary speech in Dongri on February 27 and thereafter in Thane accusing the Muslim Minority — of ‘land jihad’ and threatened to evict them. He said he will burn them in a generator, terming the residents as illegal Bangladeshis. Additionally, he warned the police to take law and order in his own hand if the police did not comply with his directives. Three previous complaints related to hate speech and events in January-February 2024 were filed on February 23 this year. CJP has invoked recent orders of the Supreme Court in the Shaheen Abdullah Case (WP (C) 940/2022) to approach jurisdictional officers and district magistrates (DMs) with these complaints while also ensuring that the Director General of Police is cognisant of these citizens’ actions.

 Today, April 23, Public Prosecutor Hiten Venegavkar also told the Bombay High court that 13 cases have been registered regarding the violence that erupted in Mira Road between January 22 and January 26, 2024. A division bench of Justice Revati Mohite-Dere and Justice Manjusha Deshpande directed the State to file an affidavit on this by June 12, and kept the case for further hearing on June 19. The court was dealing with a writ petition seeking action against MLAs Nitesh Rane, Geeta Jain, and T Raja for allegedly delivering hate speeches and inciting violence.

Senior Advocate Gayatri Singh for the petitioners relied on Amish Devgan v. Union of India and submitted that section 295A should be invoked. Venegavkar said that the investigation has commenced and the Police Commissioners will decide whether section 295A should be invoked.

The court had earlier directed the Mumbai and Mira Bhayander Police Commissioners to review recordings and transcripts of alleged hate speeches by BJP MLAs Nitesh Rane, Geeta Jain, and T Raja and inform the court if FIRs will be registered against them. The court had also directed the police to take necessary preventive action to ensure communal harmony and maintain law and order during the Ram Navami festival on April 17, 2024.

The petition, filed by five residents of Mumbai, highlighted instances of alleged hate speeches delivered by the MLAs in January at various locations, including Mira Road, Govandi, Ghatkopar, and Malvani.

The court had expressed the opinion opined that prima facie; certain offences appeared to have been committed based on the speech transcripts. To ensure impartiality and avoid political pressure, the court instructed the police commissioners to personally examine the videos and transcripts of the speeches.

The petitioners before the High Court also brought to the notice of the court the fact that MLA Nitesh Rane held the press conference at the press room and the office of the Mira-Bhayander Commissioner of Police, on January 23, 2024, to make the alleged hate speech. The court remarked that police premises should not be used for events to maintain the citizens’ trust in the impartiality of the police.

The five petitioners are residents of Mumbai, and two of them are victims of the violence in Mira Road, a satellite city of Mumbai. The petitioners have claimed that they made multiple attempts to get the authorities to take action against the accused for hate speech. However, the police failed to take action.

The petition alleged that the police failed to register FIRs against these individuals, despite clear directives from the Supreme Court mandating suo moto action in such cases to preserve India’s secular character. The petition referred to Supreme Court orders dated October 21, 2022, and January 13, 2023, which instructed all states and union territories to take immediate action against hate speech. The petitioners claim that the inaction of the police, despite several media reports, violates these orders and the rule of law.

The petition detailed several incidents where alleged hate speeches led to unrest and violence in various locations, including Mira Road, Govandi, and Ghatkopar. The petition argues that such speeches could trigger further violence and disrupt the upcoming elections.

The petitioners have sought directions to the police to register FIRs against MLAs Nitesh Rane, Geeta Jain, and T. Raja under sections 153, 153A, 153B, 295A, 504, and 505 of the IPC for allegedly having delivered hate speeches in Mira Road, Govandi, and Ghatkopar on various dates.

Related:

Bombay High Court: Plea seeking FIR against three BJP legislators for delivering hate speeches, highlights inaction by police even after Supreme Court guidelines

Bombay HC directs two police commissioners to personally examine videos of speeches delivered by BJP MLA Nitesh Rana, Geeta Jain and T. Raja Singh

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CJP to Maharashtra Police: Halt BJP MLA Raja Singh’s rally in Mira Road, citing potential for public disruptions https://sabrangindia.in/cjp-to-maharashtra-police-halt-bjp-mla-raja-singhs-rally-in-mira-road-citing-potential-for-public-disruptions/ Tue, 20 Feb 2024 14:01:23 +0000 https://sabrangindia.in/?p=33325 The move comes after Singh released a video on social media calling people in large numbers to join his ‘Hindu Jan Aakrosh’ rally on February 25

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On February 20, Citizens for Justice and Peace wrote a letter to the Commissioner of Police, Mira Bhaindar expressing concern over the proposed and publicised visit of Bharatiya Janata Party MLA T. Raja Singh to Mira Road area at 5 pm on February 25, 2024. The said area, which saw bouts of communal violence in the month of January, is now on the radar of the BJP MLA as he has announced a rally that will be taken out at Mira Road on the aforementioned date and time through a video put on his social media account. As per his announcement, the said rally will be organised by the ‘Hindu Jan Aakrosh Morcha’ to commemorate the birthday of Shivaji Maharaj, which is celebrated on February 19. Notably, this updated information regarding the postponement of the rally came after Singh’s planned rally on February 19 had been cancelled due to police not giving the required permission.

Highlighting the violent history associated with the ‘Hindu Jan Aakrosh Morcha’ and the antecedents of BJP MLA Raja Singh, CJP emphasised upon the consequences that it could have upon Maharahtra’s social harmony by stating, “Under the name of esteemed Shivaji Maharaj, a leader revered by the Maharashtrians, for his pro-people, plural and inclusive governance, the values that he stood for has been distorted by the Hindutva groups in a way that serves their purpose of divisive politics. The far-right groups have selectively valorised (distorted) the idea of Shivaji Maharaj to a parochial and downright communal element in Maharashtra, especially over the past two and a half decades. Seeing that the rally on February 25 is being taken out by Singh in his name, it is near certain that hate-ridden and provocative speeches will be delivered and calls for violence will be made. It is also necessary to keep in mind the recent track record of the name attached with the rally and the “principles” that the speakers and the organisers stand for.”

It is essential to note that in the year 2024 itself, Singh had been booked by Maharashtra Police for allegedly making incendiary speeches at a ‘Hindu Jan Aakrosh’ rally, held in Solapur, Maharashtra on January 6. Referring to the same, the letter states that “There can be no doubt that if, with Lok Sabha elections around the corner the Mira-Road Bhayander police allows T Raja Singh to address the public, this will not just be a recipe for disaster but will polarise the atmosphere and create the social climate to ensure that the vulnerable sections are prone to aggression and violence.”

The complaint also provides the recent directives issued by the Supreme Court of India in regards to curbing hate speeches, which directs the police to video tape such events that has a probability of hate speeches being delivered and then file suo-moto FIRs against the speakers and organisers. 

Concerned with the role that hate speeches play in stoking communal fires and instigating violence, CJP also mentioned that “Even as the law enforcement agencies had taken stringent action against those who had indulged in vandalism and violence at the time and attempted to bring the situation under control when groups belonging to different faiths had clashed, it was the dissemination of hate speech and incendiary rhetoric by the two elected representatives of the Bharatiya Janata Party, namely Geeta Jain and Nitesh Rane, that had further exacerbated tensions and contributed to the breakdown of law and order. It was only following the hate speeches delivered by these influential political personalities, especially MLA Geeta Jain, that on January 24, mobs on bikes with saffron flags had gone on a spree and vandalised shops of Muslim establishments.”

Noting the same, the letter further states “In this background, permitting another representative from the same political party, especially with a history of delivering violent hate speeches, will definitely lead to another untoward situation developing in the area.”

With this substantive background and facts, CJP urged for the Maharashtra police to urge you to take action as per sections 149 (Police to prevent cognizable offences), 150 (Information of design to commit cognizable offences) and 151 (Arrest to prevent the commission of cognizable offences) of the CrPC and any other provisions of law, as deemed necessary by the police.

The complete letter to the police can be read here:

 

Related:

Mumbai: Hate offender, T Raja Singh plans to come to Mira Road, as citizens file a complaint against politicians who stoked hate

Chhattisgarh & Maharashtra: SC directs police to ensure no hate speech by BJP MLA Raja Singh & Hindu Jan Jagruti Samiti rallies

Notorious hate speech offender T Raja Singh has another case filed against him

Conduct Fair Inquiry, take action against MLAs Geeta Jain and Nitesh Rane: Citizens of Mira Road-Bhayandar

Mira Road: Muslim youth allegedly beaten in custody, denied food as Nitesh Rane tells supporters, “The Government is with you.”

Mira Road remains tense after violence outbreak

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Pune Police Raid Dalit Activists’ and Lawyers’ Houses in Bhima Koregaon case https://sabrangindia.in/pune-police-raid-dalit-activists-and-lawyers-houses-bhima-koregaon-case/ Thu, 19 Apr 2018 06:14:02 +0000 http://localhost/sabrangv4/2018/04/19/pune-police-raid-dalit-activists-and-lawyers-houses-bhima-koregaon-case/ The activists allege that the government is Afraid of the Dalits and are hence targetting them. Image Courtesy: Firstpost   In a multi-city raid, Pune police conducted searches at houses of prominent activists, lawyers and the artists of Kabir Kala Manch in Pune, Mumbai and Delhi, which included activist Rona Wilson (Delhi) and lawyer Surendra […]

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The activists allege that the government is Afraid of the Dalits and are hence targetting them.
Image Courtesy: Firstpost
 
In a multi-city raid, Pune police conducted searches at houses of prominent activists, lawyers and the artists of Kabir Kala Manch in Pune, Mumbai and Delhi, which included activist Rona Wilson (Delhi) and lawyer Surendra Gadling (Nagpur). The residences of Sudhir Dhawale and Harshali Potdar, Jyoti Jagtap, Ramesh Gaichore and Dhawala Dengle were also searched in Pune. The raids were conducted in connection with the violence that took place on the 200th anniversary of celebration of the historic battle where Brahminist rule of Peshwa was challenged by Mahars of British Army.

The latest action comes three months after the registration of the First Information Report (FIR). Tushar Ramesh Damgude, a builder by profession, in his complaint on January 8, had claimed that the activists present at the event performed songs which allegedly incited violence.

The complaint strangely claims that the activists had connection with Maoist groups. Even the complainant, without any concrete evidence, claimed that young Dalits were misguided by Maoists. “I am saying that the policy of the banned Maoist organization CPI (Maoist) is to misguide the Dalit community and fill their minds with extremist Maoist thoughts,” the complaint reads.

Main Accused are Roaming Scot-free
Responding to the raids, Gadling said that the police is targetting the innocent and allowing the main accused to go scot-free. Manohar Bhide, the founder of ultra right wing group Shiv Pratishthan Hindustan and former three time BJP corporator and Samasta Hindu Aghadi chief Milind Ekbote, are accused of instigating the violence on the Dalit visitors. The Dalits had come to pay homage to 22 Mahar soldiers who died in the Bhima Koregaon battle on December 31 last year. While Ekbote is in judicial custody, Bhide has not been questioned by Pune police in the matter.

Bhide and Ekbote have been accused of unleashing violence in their areas. Bhide, who acquired the name of Sambhaji after the son of Shivaji, was in news for violence after a Ganesh pandal denied permission to put up an artiste’s impression of the assassination of Adil Shah’s army commander Afjal Khan by Shivaji Maharaj. He had also opposed the release of Jodhaa Akbar in 2008. Similarly, Ekbote, accused in 12 cases of rioting, trespassing, criminal intimidation and attempts to spread enmity between two communities, has been convicted in five cases.

Commenting on the raids, Mahesh Bharatiya told Newsclick that a supporter of Manohar Bhide appealed for the murder of the Chief Minister Devendra Fadanvis. In a Facebook post, Rao Sahib Patil, a supporter of Bhide, said that the target of attacking could not be completed in Bhima Koregaon due to security and Fadanvis must be killed for it. “We submitted the evidence to government to initiate action against Bhide and his supporters but the police is targetting us now,” said Bharatiya.

An Attempt to Silence Dissidents
Gadling added that the government is trying to silence people who have stood up to the Rashtriya Swayamsewak Sangh. “I did not participate in the Bhima Koregaon event. However, we had collected funds for it like we do for any such programme. The police are troubling us and allowing those behind the violence to go scot-free. These raids are meant to silence people who have stood up to the RSS,” added Gadling.

M N Kamble, Pune President of Bahujan Bharip Parishad, said the raids are also an attempt to divert the attention from the real perpetrators of the violence that left one dead and scores injured. “These raids are clearly aimed at diverting attention from the real culprits of the Koregaon-Bhima violence. Cops had already conducted an inquiry in the matter and did not find anything against us. But despite this, the powers are targeting us and KKM once more. This is an attempt to avoid the arrest of Hindutva leader Sambhaji Bhide and an attempt to create a rift, and destabilise the stronghold that the Dalit movement is becoming in its anti-government campaign,” Pune Mirror quoted Kamble as saying.

Government Afraid of Dalits
After the raids, the activists allege that the government is afraid of Dalits. That’s why they are targetting them. ” We have successfully organised three major events against the government. First, the bandh against Bhima Koregaon violence was successful. Then, thousands marched to arrest the culprits of the violence. Third, the Bharat Bandh against the dilution of SC/ST prevention of Atrocties Act was also successful. That’s why, they have started targetting Dalits. Police have seized books of Ambedkar. Is it a crime to keep Ambedkar’s books?” said Bharatiya.

Courtesy: Newsclick.in

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