The Bombay High Court on Monday recorded the statement of the Maharashtra government that it would not take any concrete action against Aligarh Muslim University alumnus Sharjil Usmani, until she appeared before the Pune police for allegedly making objectionable statements on the second Algar. Not done. Council
A division bench of Justices SS Shinde and Manish Pitley was hearing a petition filed by Mr. Usmani through senior advocate Mihir Desai seeking quashing of the FIR against charging under section 153A. To act prejudicial to the birth, residence, language, etc. of the Indian Penal Code, and to the maintenance of harmony.
Mr. Desai told the court that there was no dispute that the speech was made; However, the issue was whether it came under Section 153A. He argued that three things – what was the message sent by the speech, who addressed it and in what context it was made – should be kept in mind to see if it falls under that section.
Referring to a statement given by Mr. Usmani, the bench said, “We are open to criticism.”
Mr. Desai said that the speech was sent to a forensic science laboratory.
HC asked government lawyer YP Yagnik if Mr Usmani had joined the investigation and would need to appear again. Mr. Desai assured the court that Mr. Usmani would appear on 18 March.
The HC adjourned the hearing till 22 March.
Shri Usmani gave a speech at the Ganesh Kala Krida Manch in Pune on 30 January. On February 2, an FIR was lodged at Swargate Police Station on the basis of a complaint filed by Advocate Pradeep Gavade, State Regional Secretary of the Bharatiya Janata Yuva Morcha.
The complaint stated, “Mr. Usmani has allegedly made objectionable statements against the Hindu community, the Indian judiciary and Parliament. ‘
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