Hanuman Chalisa Case: Bombay High Court Asks State To Clarify If FIR Against Navneet, Ravi Rana Was Registered Before Police Went To Arrest Them

The Bombay High Court on Wednesday (September 2) directed the Maharashtra Government to file an affidavit clarifying when exactly it lodged the First Information Report (FIR) against former MP and now BJP leader Navneet Rana and her MLA husband Ravi Rana, in connection with their 2022 call for reciting Hanuman Chalisa outside the personal residence of then Chief Minister Uddhav Thackeray. 

Single-judge Justice Shivkumar Dige passed an order directing the State to clarify on an affidavit, if the FIR under section 153(A) (promoting communal enmity) of the Indian Penal Code (IPC) lodged against the Rana couple was registered before the police went to their residence to arrest them or after reaching their residence. 

"Let the State file an affidavit clarifying its stand as to when exactly the FIR was registered. Was it lodged after the police went to the petitioners' residence to arrest them or was it registered much before that," Justice Dige orally ordered. 

This comes while the bench heard brief submissions in the couple's revision petition challenging a special court's 2024 order refusing to discharge them in the case.

Advocate Rizwan Merchant arguing on behalf of the couple informed the bench that the subject FIR was lodged on April 23, 2022 at 5:23 PM. However, he raised a serious doubt over the existence of the subject FIR citing a station diary entry on the very same day but at 5:03 PM, when the officers from Khar Police Station left the station house to arrest the couple. 

"So their own record i.e. Station Diary says they left the station house at 5:03 PM to arrest my clients. But their own record further says that the FIR was lodged at 5:23 PM. So this means, they left the police station to arrest my clients in a FIR which did not exist at the time when they even reached my client's residence, which was nearly 5:15 PM. So, the officers had no business to visit my client's house to arrest them in connection with a FIR which did not exist at that very moment. The said FIR was lodged at least 20 minutes after the Police left for arresting my clients," Merchant argued.  

However, the argument was countered by State's Prosecutor, who informed the bench that the Police received information by 4:30 PM on April 23, 2022. He said that soon thereafter, the FIR was lodged, which was much before the Station Diary entry made on 5:03PM of the very same day, when the police left to visit Rana couple from arrest. 

"We had registered the FIR soon after receiving the information that they will be reciting Hanuman Chalisa outside the then CM's residence. We received this information at 4:30 PM and immediately thereafter we registered the FIR in question. Subsequently, at 5:03 PM an entry was made in Station Diary about officers leaving the Station House to reach Rana's residence to arrest her. However, the FIR was uploaded on our portal (for FIRs) a bit late and thus it reflects the timing of 5:23 PM," the prosecutor submitted. 

The bench then sought to know from the prosecution if the couple indeed gheraoed the CM's personal residence - Matoshree bungalow in suburban Bandra and attempted or actually recited Hanuman Chalisa. However, Merchant replied in the negative. 

The judge noted the submission and then directed the prosecutor to file an affidavit clarifying their part of the story on this issue of timing of lodging the FIR. 

The prosecution has been given time till September 23 to file its say in the matter. The hearing was accordingly adjourned till September 23. 

Case Title: Navneet Rana vs State of Maharashtra