Hate-speech FIRs gather dust year after Maharashtra assured SC of action, no chargesheet in most cases

More than a twelvemonth later, that assurance does not look to person gone beyond those FIRs, according to accusation obtained by The Indian Express, including records accessed nether the Right to Information Act.

These amusement that constabulary are yet to record a chargesheet successful astatine slightest 19 of the 25 cases, including each 16 linked to SHS. Reason: each of these “sensitive” cases is astatine assorted stages of a laborious process to get the authorities government’s authorisation for prosecution. Eight of the 19 cases impact MLAs oregon nationalist figures.

Sanction is mandatory nether the sections invoked successful these cases to record the chargesheet — 153(A) and 295(A) related to communal enmity and insult successful the IPC.

In the lack of a chargesheet, the ineligible process,  including enactment against the  accused oregon trial, is connected pause.

Apart from the 16 FIRs linked to SHS rallies, the 3 FIRs awaiting prosecution authorisation see 2 registered connected caste-related charges and 1 for posting alleged derogatory contented against Chhatrapati Shivaji Maharaj connected societal media platforms.

Of the different six FIRs connected the database of 25, sources said, chargesheets were filed successful 3 cases wherever authorisation was not required: 2 related to alleged comments against Chief Minister Eknath Shinde and different connected harm to a Chhatrapati Shivaji Maharaj statue.

Another FIR is related to a non-cognizable (NC) transgression successful which a chargesheet is not required to beryllium filed. The contents of the remaining 2 FIRs are not known.

When contacted by The Indian Express for remark connected these findings, Maharashtra Deputy Chief Minister Devendra Fadnavis, who holds the Home portfolio successful the BJP-Sena-NCP government, said, “We volition instrumentality decisions successful accordance with the law.”

A elder serviceman from Maharashtra constabulary said determination was nary pendency astatine their level and that if the required documents are not attached portion sending proposals for prosecution sanction, they are pointed retired to the serviceman concerned.

Of the 19 cases, 4 FIRs are inactive astatine the level of vetting by elder officers, the officers said.

The Indian Express contacted the investigating officers separately aft RTI records revealed that wide successful 2023, lone 18 FIRs related to hatred code were sent for prosecution authorisation to the authorities authorities and conscionable 1 successful 2024 truthful far.

Of these, RTI records show, lone 1 connection for authorisation related to SHS rallies is with the Home Department — from Kranti Nagar presumption successful Chhatrapati Sambhaji Nagar.

Asked astir this discrepancy betwixt RTI records and the investigating officers’ assertions that they had sent proposals for prosecution authorisation successful 19 cases, a elder Home authoritative attributed this to the “bureaucratic process”.

The process for prosecution authorisation successful delicate cases tin instrumentality six-eight months from the registration of FIR, the authoritative said.

According to the official, elder constabulary officers vet these proposals portion ensuring that the required paperwork is successful place, and a committee goes done each complaint. If the committee is convinced that an offence is made out, the ailment is forwarded to the Home section for approval. After the last greenish airy is received from the government, a chargesheet is filed and the lawsuit goes to trial.

“In respective cases, constabulary officers bash not connect the due documents truthful we person to nonstop them back. In 1 case, for instance, we received an exertion for prosecution authorisation for an FIR registered successful 2014,” said the authoritative from the Home department.

In cases of communal hatred speech, the FIRs see conception 153 (A) (promoting enmity betwixt antithetic groups connected grounds of religion, race, spot of birth, residence, language, etc) and 295 (A) (deliberate and malicious acts intended to outrage spiritual feelings of immoderate people by insulting its religion oregon spiritual beliefs) nether the IPC.

According to Section 196 of the Criminal Procedure Code (CrPC), the constabulary person to question support from the Home Department earlier they tin record a chargesheet successful specified delicate cases.

Both IPC and CrPC were replaced by Bhartiya Nyaya Sanhita (BNS), 2023, and Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, respectively, this twelvemonth — 153 (A) IPC was replaced by 196 BNS and 295 (A) by 298 BNS. But determination is nary alteration successful the request for prosecution authorisation connected these charges.

The Maharashtra government’s submission successful the Supreme Court successful April past twelvemonth was related to a petition filed successful February 2023 by Kerala-based multimedia writer Shaheen Abdullah seeking directions to barroom an SHS rally to beryllium held successful Mumbai citing alleged hatred speeches astatine an earlier lawsuit conducted by the outfit.

The Supreme Court directed the authorities to guarantee that hatred code is not delivered and an offence beryllium registered successful lawsuit of violation.

One period later, Abdullah approached the Supreme Court again done a contempt petition alleging that the authorities was not taking enactment and provided a database of 16 instances of alleged hatred speech. It was successful effect to this plea that the Maharashtra government, portion denying the allegations, submitted the database of 25 FIRs.

SHS is an umbrella organisation of pro-Hindutva outfits specified arsenic Hindu Janajagruti Samiti, Shiv Pratishthan and Sanatan Sanstha. It has been actively organising rallies successful Maharashtra since November 2022.