A local court in Maharashtra has directed the Bhayander Police to lodge a first information report (FIR) against Nationalist Congress Party (Sharadchandra Pawar faction) MLA Jitendra Awhad, accused of making a statement intended to promote enmity between different communities in 2018.
Thane Judicial First Class Magistrate Mahima Saini directed the police on February 3 to investigate the matter and submit a report to the court.
The former Maharashtra Minister and sitting Member of the Legislative Assembly (MLA) from the Mumbra-Kalwa constituency, Awhad, was booked under Sections 153A and 505(2) of the Indian Penal Code (IPC), which deal with promoting enmity between different groups.
A video recently circulated on WhatsApp showing Awhad commenting on the arrest of Vaibhav Raut by the Anti-Terrorism Squad (ATS), Mumbai Police during a 2018 event. The NCP (SP) leader allegedly claimed that the bombs recovered from Raut were intended to disrupt a Maratha Morcha rally.
He reportedly made statements that could have created tension between the Maratha and Bhandari communities. These comments were reportedly broadcast on multiple news channels.
Advocate Khush Khandelwal, National President of the Youth Wing of the Hindustan National Party, approached the Bhayander police seeking registration of a criminal case against Awhad over his 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.
After failing to receive a satisfactory response from the Bhayander police in the matter, Awhad 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.
The Counsel appearing for the MLA claimed that the applicant had misinterpreted Awhad’s statements and was attempting to politicise the matter.
He argued that the charges were politically motivated, with no substantial evidence to support the allegations. He added that Section 156(3) application was barred by limitation and requested its rejection.
The court, however, observed that from a prima facie perspective, it appeared that the statements attracted the offences punishable under Section 153A and 505(2), IPC.
Noting that the investigation would be crucial in establishing the intent and circumstances surrounding Awhad’s statements, the judge said it was a fit case to allow the registration of FIR.
The judge further said that since the application was for the registration of an FIR, and not for taking cognisance of the offence, the question of limitation did not arise.