Recently, the Bombay High Court instructed the Police Commissioners of Mumbai and Mira Bhayandar to thoroughly examine the recordings and transcripts of purported hate speeches attributed to BJP MLAs Nitish Rane, Geeta Jain, and T Raja.

Subsequently, they were directed to provide the court with an update on whether FIRs will be initiated against them.

Furthermore, a division bench comprising Justice Revati Mohite-Dere and Justice Manjusha Deshpande instructed the police to undertake requisite preventive measures to safeguard communal harmony and uphold law and order throughout the Ram Navami festival scheduled for April 17, 2024.

The court was addressing a writ petition filed by five Mumbai residents, seeking legal action against the three legislators for purportedly delivering hate speeches and instigating violence. The petition underscored instances of alleged hate speeches by the MLAs in January, occurring at different venues such as Mira Road, Govandi, Ghatkopar, and Malvani.

The court expressed its initial assessment that certain offences seemed to have been committed based on the transcripts of the speeches. In order to uphold impartiality and mitigate potential political influence, the court directed the police commissioners to personally review the videos and transcripts of the speeches.

The petitioners further claimed that MLA Nitish Rane conducted the alleged hate speech during a press conference at the press room and the office of the Mira-Bhayandar Commissioner of Police on January 23, 2024. The court noted that police premises should not be utilized for such events to uphold citizens' trust in the impartiality of law enforcement agencies.

The five petitioners, all Mumbai residents, with two among them being victims of the violence in Mira Road, a satellite city of Mumbai, have asserted that they made numerous attempts to prompt authorities to take action against the accused for their alleged hate speech. However, they contend that the police failed to take any action despite their efforts.

The petition asserts that despite clear directives from the Supreme Court mandating suo motu action in cases of hate speech to preserve India's secular character, the police failed to register FIRs against these individuals.

The petition cites Supreme Court orders dated October 21, 2022, and January 13, 2023, which directed all states and union territories to promptly address hate speech. The petitioners assert that the failure of the police to act, despite multiple media reports, contravenes these orders and undermines the rule of law.

Furthermore, the petition delineates several instances where purported hate speeches incited unrest and violence in various locales, including Mira Road, Govandi, and Ghatkopar. It contends that such inflammatory rhetoric has the potential to escalate violence and disrupt the forthcoming elections.

The petitioners have requested the court to direct the police to register FIRs against MLAs Nitish Rane, Geeta Jain, and T. Raja under sections 153, 153A, 153B, 295A, 504, and 505 of the IPC, alleging that they delivered hate speeches in Mira Road, Govandi, and Ghatkopar on different occasions. The case is set for further hearing on April 15, 2024.

Case Title – Aftab Siddique & Ors. v. State of Maharashtra & Ors.