The Maharashtra Government told the Bombay High Court comprising of a bench of Justices SS Shinde and NJ Jamadar on Wednesday that they wouldn't take coercive action against Narayan Rane in only one of the four FIRs over his derogatory remarks against Chief Minister Uddhav Thackeray. (Narayan Tatu Rane vs. The State of Maharashtra and Others)
The bench was hearing Rane's plea to quash and grant protection in all the FIRs registered against him following his "slap" remark.
Facts of the case
Rane, who was arrested on Tuesday evening, was granted bail a few hours later by the local Court in Mahad of Raigarh district on Tuesday.
While granting conditional bail, the magistrate in his written order termed Rane's arrest as 'justified' but stated that custodial interrogation was not necessary in the case as the statement was allegedly made before the media.
Rane was arrested in Ratnagiri district after several FIRs were registered against him at many places including Nashik and Pune, based on the complaints filed by Shiv Sena leaders for his remarks against Thackeray. Rane on Monday accused Thackeray of ignorance about the year of India's independence at an event and said "I would have given (him) a tight slap."
The statement sparked off angry protests by workers of Thackeray-led Shiv Sena across the state and FIRs were filed against Rane for the offences punishable under Sections 153(B) (1)(C) (provoke to riot), 500 (defamation), 505(2), 504, 506(criminal intimidation), 189 (threat of injury to public servant) at Mahad, Nashik, Thane and Pune.
The present plea was filed by Rane under Article 226 of the Constitution and Section 482 of the CrPC seeking to quash the FIR registered against him in Nashik and all other cases that might be lodged in the future. He also sought interim protection from arrest.
Contention of the Parties
Senior Advocate Amit Desai submitted that since Rane had specifically mentioned and annexed only the FIR registered by the Nashik Police, he wouldn't make a general statement.
Rane's counsels Satish Maneshinde and Aniket Nikam pressed for a statement seeking protection from all the FIRs arising out of Rane's press conference on August 23 but it was refused.
Courts Observation and Judgment
The bench remarked, "Leave to amend the petition so as to furnish the particulars of the First Information Reports, which the petitioner apprehends may be lodged against the petitioner.
In the meanwhile, Mr. Desai, learned senior counsel for respondent Nos. 1 to 3, on instructions, makes a statement that in First Information Report bearing No. 30 of 2021 dated 24th August, 2021 registered with Cyber Police Station, Nashik no coercive action would be taken against the petitioner, till the next date."
The court adjourning the matter to 17th September said, "There is only one FIR before us. You amend the petition and then we will see."
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