The High Court of Delhi has quashed summons against Maharashtra Navnirman Sena Chief Raj Thackeray in seven cases filed against him for allegedly delivering a provocative speech, including the offence of sedition.
While quashing the summon orders, the Single-Judge Bench of Justice Jasmeet Singh said that religion and faith were not as fragile as human beings. They have survived for centuries and would survive for many more.
Faith and religion were more resilient and cannot be hurt or provoked by either views of or instigation by an individual, noted the High Court.
It said India was a unique country, where various religions, faiths and languages co-existed side by side. The unity of the country lies in this co-existence.
Justice Singh said religious feelings and religious sentiments were not so fragile as to be hurt or provoked by a speech of an individual.
The Single-Judge Bench, while partially allowing Thackeray’s petitions, rejected the prayer for quashing of criminal complaints.
In 2010, the Supreme Court had transferred the proceedings in complaints filed in different cities to Tis Hazari Courts in New Delhi.
It was alleged that Thackeray had made certain comments in 2008 regarding the “chhath puja” festival, which hurt religious sentiments of the people of Bihar, where it is celebrated with much fervour and fanfare.
While quashing the summons issued by the courts in Patna, Begusarai, Ranchi and Bokaro, Justice Singh said the impugned orders could not be sustained as there was no sanction to prosecute Thackeray for offences such as Sections 124A, 153A, 153B and 295A of Indian Penal Code, 1860.
The court further observed that in other cases, no inquiry was conducted by the Magistrate before proceeding to issue summons.