Live and let live: Bombay High Court allows Hindu body to felicitate terror accused Pragya Singh Thakur

The Bombay High Court on Friday allowed a petition filed by the co-ordinator of a Hindu organization, the Sakal Hindu Samaj, to hold a Gudi Padva event at Malegaon on March 30 to felicitate Pragya Singh Thakur, a key accused in the 2008 Malegaon blasts..A Bench comprising Justices Ravindra Ghughe and Ashwin Bhobe allowed the petition filed by the organisation and permitted the event to take place between 7 am and 5 pm on March 30 subject to several stringent conditions.The event is scheduled to take place a day before Ramzan and she will be conferred with 'Hindu Veer' award. “After 78 years of the freedom of India, we have every reason to believe that the population of this country is becoming literate and wisdom prevails. The speakers will also ensure that, as they express their thoughts, none of them would be directed against any other religion, so that members of other religions would not feel hurt,” the Court said in its order.It further said that it cannot be overly sensitive in such matters and believes in upholding freedom of expression and in the motto 'live and let live'. “We all believe that they are responsible citizens and they would understand it better. Let sensitivity not be hyped to such an extent that it becomes excessive. We believe in freedom of speech and expression, and we also believe in coexistence. That’s more important... If your neighbor is happy, you are happy. We believe in live and let live,” the court observed.The organizers are required to submit an undertaking to the Nashik's Additional Superintendent of Police by 6 pm on March 29 assuring that no untoward incident will occur at the event.Additionally, the police are to earmark a specific route for the procession, ensuring it avoids crowded or congested areas. The police have to provide adequate protection for the event at a cost that they may decide.Previously, on March 25, the Executive Magistrate of Nashik had rejected the request for the event, citing reports from the police about the inflammatory statements made by Thakur and other speakers in the past. This prompted the organisation to approach the High Court..Thakur is the prime accused in the 2008 Malegaon blasts. On September 29, 2008, an explosive device attached to a motorcycle detonated near a mosque in Malegaon, a town located in north Maharashtra, around 200 km from Mumbai, resulting in the deaths of six people and injuring over 100 others.Initially investigated by the Maharashtra Anti-Terrorism Squad, the case was later transferred to the National Investigation Agency (NIA) in 2011.Thakur is facing serious charges in connection with the blast. In October 2023, the NIA court formally framed charges against her and six others under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC) for offences including terrorism, conspiracy and promoting communal enmity.She is currently out on bail but the trial against her is currently progressing before a special court in Mumbai..The Sakal Hindu Samaj had originally sought permission from the Malegaon Tehsildar and the Chavani Police Station on February 18 to hold a 'Virat Hindu Sant Sammelan' on March 30 from 6 pm to 10 pmHowever, on March 25, the Executive Magistrate of Nashik denied the request, citing reports from the Deputy Superintendent of Police (DSP) of Nashik and the Chavani police, which referred to past incidents where inflammatory statements made by Pragya Singh Thakur and other speakers that had led to law and order issues.In response, the petitioner approached the court, arguing that the rejection violated their fundamental rights, particularly Article 25, which guarantees the right to freedom of religion. They sought permission to hold the event from 6 pm to 10 pm on March 30..During the hearing, the petitioner's counsel, advocate Subhash Jha, argued that the petitioners are law-abiding citizens and emphasised that the event was planned in an area on the outskirts of the city with minimal Muslim population, which would reduce the likelihood of any disturbances. However, government pleader Neha Bhide pointed out that in light of the violence that occurred in Nagpur over the tomb of Aurangzeb and previous incidents involving Pragya Singh Thakur, permission should not be granted.Despite acknowledging the sensitivity of the situation, the Court stated that it cannot be overly cautious. Considering the concerns raised by the State, the Court concluded that holding the event during the day would be more manageable in terms of ensuring security. Therefore, it allowed the event to proceed between 7 am and 5 pm on March 30.