Intention Appears To Be Enlightenment Of Society; No Offence: Bombay High Court On Ex-Governor Koshyari's Statements About Shivaji Maharaj

A division bench of Justice Sunil B Shukre and Justice Abhay S Waghwase held:

“An in depth consideration of the referred statements would tell us that they are in the nature of the analysis of history and the lessons to be learnt from the history. They also show the intention of the speaker, which is that atleast in the present times, we should learn from the history and also realize the consequences of following certain traditions and what may happen perhaps for the worst, if those traditions are followed."

The court held that the statements cannot be seen as disrespecting any person held in high esteem by members of Scheduled Castes and Scheduled Tribes. "These statements, therefore, cannot be seen, by any stretch of imagination, to be disrespectful to any great person, held in high esteem by the members of the Society in general and by the members of the Scheduled Castes and the Scheduled Tribes in particular."

Koshyari, while addressing a public gathering, had said, "If somebody asks who is your icon, who is favourite hero, there is no need to look outside. You will find many here in Maharashtra. Shivaji is of old era; I am talking about new era, you will find here - from Dr. Ambedkar to Dr. Gadkari".

In another event, he had said, “Savitribai was married when she was ten years old, and her husband was 13 years old. Now imagine, what would the boy and girl have been doing after marriage? What would they have been thinking?". That period is an opportunity of studying history and learning from it, he added.

Rajya Sabha member Sudhanshu Trivedi had said that Shivaji apologized to Aurangzeb.

The petitioner, one Rama Katarnaware sought directions to police for legal action against Koshyari and Trivedi for allegedly disrespecting the historical figures at a public gathering.

The petitioner had also filed a complaint against Koshyari and Trivedi before the Mumbai Police Commissioner under Section 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Section 3(1)(v) provides minimum 6-months and maximum 5-year imprisonment for disrespecting any late figure held in high esteem by the members of Scheduled Castes and Scheduled Tribes.

The court said that the statements reflect the opinion of the speaker about those figures with an intention to persuade the audience to act in a way that is good for society. The intention behind the statements seems to be of enlightenment of the society for its betterment, the court added.

“These statements primarily reflect the perception and opinion of speaker about those figures with an intention to persuade the audience, to whom they have been expressed, to think over and act in a way which is good for Society. The intention behind the statements appears to be of enlightenment of the Society for its betterment, as perceived by the speaker,” the court said.

Thus, the court found that the statements do not prima facie constitute any offence under the Atrocities Act or any criminal law.

Case no. – Criminal Writ Petition No. 5284 of 2022

Case Title – Rama Arvind Katarnaware v. State of Maharashtra and Ors.

Citation: 2023 LiveLaw (Bom) 159

Click Here To Read/Download Judgment