The hearing on bail applications of Amravati MP Navneet Rana and her husband Ravi Rana took place in Mumbai Session Court on Saturday. An order has been reserved for May 2. They were arrested last Saturday by the Mumbai Police after they gave a call to recite Hanuman Chalisa outside ‘Matoshree’, private residence of Maharashtra Chief Minister Uddhav Thackeray.
Appearing for Ranas, advocate Abad Ponda said that only having an intent to commit a crime can’t be punished, executing some intent and actually committing an offense can be punished. The lawyer said that had the couple given a call to chant Hanuman Chalisa outside a mosque, he can understand that it could have fanned religious tensions but giving a call to chant it outside Matoshree doesn’t fan any communal tension.
Sedition
Advocate Ponda also mentioned that CJI NV Ramana has asked the government to decide if ‘section 124A i.e. sedition should be abolished for being misused.’ A hearing on the same is set to begin in the Supreme Court on May 5. Notably, the Rana couple was arrested on charges of sedition.
Quoting from a Supreme Court order in a case regarding sedition, advocate Ponda said, “Criticism of government is the essence of democracy. In fact, democracy is a criticism of the government.” Advocate Ponda also stated that ‘a challenge to the state government is not sedition.’
“A govt established by law is distinct from the government of the law. Keep aside the fact that the present government is not the Shiv Sena. There are three parties in this govt. A challenge to the state government is not sedition,” he said.
‘Consent is important’
On the other hand, representing the police, SPP Pradeep Gharat countered advocate Ponda’s argument saying that taking the consent of the person outside whose residence the act of chanting (Hanuman Chalisa) is done is important. “If someone says that chanting Hanuman Chalisa is their right, it is. But we’ve to see if the act is legal, permissions & consent are taken by the person at whose residence chanting will be done,” he said.
SPP Gharat also cited previous charges on the Rana couple in connection to different cases. ” MLA Ravi Rana has been booked in 17 cases earlier & MP Navneet Rana in 6 cases. An attempt to murder charge is on Ravi Rana,” Gharat said.
The police have booked Navneet and her husband for sedition and ‘promoting enmity between different groups’. They were initially charged with ‘promoting enmity’ but the police added sedition charge later.
They were produced before a court, which sent them to 14-day judicial custody. A magistrate’s court in Mumbai on Friday rejected their applications seeking home food in prison.
Earlier this week, Rana’s counsel Merchant had said the Khar Police initially booked his clients under Indian Penal Code Section 153(A). But at the time of their remand, the police informed that they had added the charge of sedition, under IPC Section 124A in the first FIR.
While Navneet is lodged in Byculla prison, her husband is in Taloja jail in Navi Mumbai.
The police in a statement informed that a case had been registered at Khar Police against MLA Ravi Rana and MP Navneet Kaur Rana under sections 153(A), 34, IPC r/w 37(1) 135 Bombay Police Act. “Both are taken into custody from their house at Khar. Further investigation is being done by Khar Police Station,” it had said.
The arrested duo’s lawyer Abad Ponda on Friday appeared before the sessions court for their bail plea. Ahead of the hearing, Public Prosecutor Pradeep Gharat said the police had strongly objected to their bail and the court would fix the date for bail hearing. The bail plea was taken up today.
