Bombay High Court rejects MP Navneet Rana, husband MLA’s plea to quash FIR against them
The Mumbai Police had arrested the couple for threatening to recite the Hanuman Chalisa in front Maharashta Chief Minister Uddhav Thackeray’s home.
The Bombay High Court on Monday rejected independent legislators Navneet Rana and her husband Ravi Rana’s plea to quash one of the cases registered against them for threatening to chant the Hanuman Chalisa in front of Maharashtra Chief Minister Uddhav Thackeray’s home, Live Law reported.
A bench headed by Justices PB Varale and SM Modak observed that persons in public life are expected to act responsibly.
“Great power comes with great responsibility,” the bench said in its order, according to Bar and Bench. “The expectation of responsible conduct of those persons who have an active life, is a reasonable expectation.”
The court also noted that a declaration to read religious verses in someone’s home or in public spaces is a breach of personal liberty, Live Law reported.
“The state is justified in carrying apprehension that such act will lead to disturbance in law and order situation,” the bench said in its order.
On April 23, the Mumbai Police had arrested the couple for threatening to recite the Hindu prayer in front of Thackeray’s home. A day later, they were sent to 14-day judicial custody.
The police have registered a first information report under Sections 124A (sedition), 153A (promoting enmity between different groups) and 34 (common intention) of the Indian Penal Code, and Section 135 of the Bombay Police Act (disobeying orders issued by authorities to maintain law and order) against the couple.
The police have also filed a second FIR under Section 353 (assault or use of criminal force to deter a public servant from discharge of his duty) of the Indian Penal Code. The petition is against the second case.
Navneet Rana is the MP from the Amravati constituency in eastern Maharashtra and Ravi Rana is the MLA from the Badnera seat in the Amravati district.
The couple’s petition said that the alleged offence under section 353 took place between 5.15 pm and 6 pm, reported India Today. However, the legislators were already in police custody by 5 pm, it said.
“That, as a matter of record, the Ranas were already under arrest at the time when the alleged offence is said to have taken place,” the petition added. “The Ranas thus submit that if there was any truth in the allegations made by the investigating agency, the same would have been recorded prior in point of time.”
Navneet Rana was on Sunday sent to the Byculla women’s prison, while her husband was sent to the Arthur Road prison in Mumbai. On Sunday night, the Badnera MLA was sent to the Taloja prison in Navi Mumbai due to overcrowding at the Arthur Road jail, according to ANI.
A city court is expected to hear their bail applications on April 29.
Meanwhile, a Mumbai court on Monday granted bail to 16 Shiv Sena workers who were arrested for allegedly violating prohibitory orders and holding protests outside the Ranas’ house in suburban Khar, the agency reported.
Hundreds of Shiv Sena workers had surrounded the couple’s home on April 23, and had demanded an apology from them for threatening to chant the Hanuman Chalisa in front of Thackeray’s house. They had also tried to force their way into their society, but were stopped by the police.
Hours later, the couple cancelled their plan, saying that Prime Minister Narendra Modi was scheduled to visit Mumbai on Monday and they did not want to disturb law and order.