Thane court orders FIR against NCP (SP) MLA Jitendra Awhad for hate speech

A court in Thane on February 3 directed the police to file a first information report (FIR) against former Maharashtra minister Jitendra Awhad, who has been accused of making a statement intended to promote enmity between different communities several years ago..Judicial First Class Magistrate, Thane, Judge Mahima Saini ordered the Bhayander police to register the FIR against the Nationalist Congress Party (Sharadchandra Pawar faction)/ NCP (SP) MLA under Sections 153A and 505(2) of the Indian Penal Code (IPC), which deal with promoting enmity between different groups. The court also directed the police to investigate the matter and submit a report to the court.The case stems from a 2018 incident when Awhad, now a sitting Member of the Legislative Assembly (MLA) from the Mumbra-Kalwa constituency, was accused of making inflammatory remarks. A video of the same was circulated on WhatsApp. It featured Awhad commenting on the arrest of Vaibhav Raut by the Anti-Terrorism Squad (ATS), Mumbai Police. Awhad allegedly claimed that the bombs recovered from Raut were intended to disrupt a Maratha Morcha rally. Awhad also purportedly made statements that could have stoked tension between the Maratha and Bhandari communities. These comments were reportedly broadcast on multiple news channels..One, Khush Khandelwal, an advocate and National President of the Youth Wing of the Hindustan National Party, sought to file a criminal case against Awhad over the latter's remarks.Khandelwal argued that the statements made by Awhad were baseless and had the potential to foster discord between the Maratha, Hindu, and Muslim communities. Khandelwal failed to receive a satisfactory response from Bhayander police in the matter. Therefore, he filed an application before the trial court in Thane under Section 156(3) of the Criminal Procedure Code (CrPC), urging the court to direct the registration of an FIR and a police investigation into the matter..Awhad’s defence lawyer claimed that the applicant had misinterpreted Awhad's statements and was attempting to politicize the matter. He argued that the charges were politically motivated, with no substantial evidence to support the allegations. He added that the Section 156(3) application was barred by limitation and requested its rejection..However, the court found merit in the application, stating, “From a prima facie perspective, it does appear that the statements made therein are such that attract the offences punishable under Section 153A and 505(2), IPC.” The court further noted that the investigation would be crucial in establishing the intent and circumstances surrounding Awhad’s statements. “The offences alleged are cognizable in nature ... Hence, this is a fit case to allow the registration of FIR,” the court concluded..Regarding the issue of limitation, the court ruled that since the application was for the registration of an FIR, and not for taking cognizance of the offence, the question of limitation did not arise. Additionally, the court acknowledged that the Bhayander police had jurisdiction in the matter, as the video had been received by the complainant in Bhayander, one of the places where the alleged consequence of the statement occurred..[Read Order]