Maha Govt Has Denied Sanction To Prosecute BJP's Ex-State VP Vikram Pawaskar For Hate Speech Against Muslims, Bombay High Court Told

The Bombay High Court on Wednesday was informed that the Maharashtra government has refused to grant sanction to 'prosecute' Vikram Pawaskar, the former BJP State Vice President, in two cases of 'hate speech' against the Muslim community. 

A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale accepted the statement made by State's Chief Public Prosecutor Hiten Venegavkar, who informed the judges that the Home Department of Maharashtra, has refused to grant sanction to prosecute Pawaskar under sections 153A (promoting enmity between two groups) and 295A (outraging religious feelings) of the Indian Penal Code (IPC), invoked against him at two separate police stations in Satara district for delivering hate speech. 

The judges sought to know if Pawaskar is booked under any other provision of law for which he would not require a sanction, to which Venegavkar told the bench that since there has been no repercussions of the speech, no other offence is made out or invoked. 

"What nothing happened? What is this? An offence is committed as soon as hate speech is made... you can't wait for the repercussions," Justice Mohite-Dere orally remarked. 

The judges further underlined that the sanctioning authority must 'apply its own mind' and that is always expected in such matters. 

The bench noted that besides sections 153A and 295, Pawaskar is also booked under section 298 of the IPC (deliberate act of hurting religious feelings). The judges sought to know from Venegavkar if the prosecution would proceed with the said charge against Pawaskar since the same would not require a prior sanction, as needed for sections 153A and 295.

To this, Venegavkar sought time to seek instructions. The judges said, "Just because there is no sanction (with respect to section 153A and 295A) now does not preclude you from not proceeding with section 298."

Therefore, the bench gave three weeks time to the State to clarify its stand on whether it would file chargesheet against Pawaskar under section 298.

However, the bench, granted permission to the petitioner Shakir Tamboli to file a separate and substantive petition challenging the refusal to grant section against Pawaskar. 

Meanwhile, in respect to another petition, wherein a man was killed in an attack over a Mosque in Satara, the bench was informed that Pawaskar was not made an accused in that case since there was no evidence to link him to that attack. 

Venegavkar told the judges that the State has granted protection of a 'round-the-clock' bodyguard and has stationed 22 cops on the scene of the incident to ensure no untoward incident further takes place. 

The judges were informed further that for one of the hate speeches that Pawaskar delivered in Jejuri in Pune district, a case is lodged. And one more such speech was delivered in Wathar in Satara district, wherein a separate offence is registered. 

Meanwhile, senior counsel Gayatri Singh told the judges that Pawaskar, when called to record his statements in Wathar Police station, he conducted a 'press conference' outside the police station and again made some objectionable comments against the minority community. 

Further, Singh along with senior counsel Mihir Desai told the judges that a video of a hate speech was uploaded on the social media platform - Instagram and later circulated widely on WhatsApp. Yet, the police has failed to trace the person, who uploaded the said video and even circulated the same. 

"They need to probe who created that? Once the video was posted on Instagram and then it were circulated on WhatsApp. Because of this post riots took place... And one person died.." the senior counsels told the bench. 

When Venegavkar submitted that the video was never posted on Instagram since its url link was not traceable, Justice Mohite-Dere said, "You (State) must take an effort to trace it... Do some investigation... If such things are repeating you as law enforcers it will be a problem for you only. Don't give it up like this... You cannot give up such issues instead you must go in to the root of the issue..."

During the hearing, Singh brought to the notice of the judges that the police has not uploaded its FIR in the Wathar police station case on its website. 

Irked over this, Justice Mohite-Dere made it clear, "The mandate is to upload all the FIRs within 24 hours, we will be constrained to impose costs if they don't do this. We do not want citizens to come to this court for getting a copy of the FIR."