Differences in ideologies should not come between respect towards political opponents: Bombay High Court in Narayan Rane case

Maharashtra is a State with rich political heritage and differences in ideologies and political convictions should not come in the way of cordial relationship between political opponents, the Bombay High Court said on Thursday [Narayan Rane vs State of Maharashtra]..A bench of Justices PB Varale and SM Modak cited instances from the past of affability between political opponents in Maharashtra and asked the leaders in the State to set an example for younger generation in line with the State's rich tradition. The Court was hearing a plea by Union Minister Narayan Rane seeking to quash a first information report (FIR) lodged against him in Dhule, Maharashtra over alleged objectionable remarks made by against Maharashtra Chief Minister Uddhav Thackeray."We have political rights. There is democracy, there are difference of views, there may be difference in ideologies, even 360 degree apart. We are a State of rich heritage," the Court remarked.The bench underlined the need to respect ideological differences in a democracy"Let us give a good example to our youngsters. It happens in political life, one adopts one ideology and someone else adopts some other ideology, they have their own likes and dislikes. Ultimately, State of Maharashtra is where we have rich heritage,” the Court said.It also asked Rane to make a statement to let "bygones be bygones." "Although this is not advisory jurisdiction, but petitioner (Rane) is occupying a responsible position. But certainly words aren't used respectably against another person who is also occupying a respectable position. Why doesn’t he come forward in court and make statement that bygones be bygones. Let us decide on being respectable to everyone. Let us not give out a wrong signal to the people," Justice Varale observed.The bench then recounted an incident from history. "There was an incident, wherein one of the senior most leaders brought Morcha to Mantralaya. The then Chief Minister came down from his chamber, and took him for hearing in his chamber. This was our rich heritage."It also emphasised the importance of ‘spoken words’ by invoking verses of Sant Tukaram, a Marathi poet and saint. "There is importance of words… it is described by Sant Tukaram (in Marathi) 'Shabd dhan vatu jan loka' [Words (be used in such manner) that it seems like wealth to public] This is what is expected from people in social life..." the bench remarked..At this, Advocate Satish Maneshinde, for Rane pointed out that there has been a word for a word from both the sides. "Once you stop, we stop. Let us run Centre and State together," Maneshinde submitted. The Bench reiterated another past instance of two senior leaders contesting elections against each other after which one of them would drop the kids belonging to both off at school. "This is our culture, hope better sense prevails in the state," the judges said.During the hearing, Maneshinde pointed out that there were multiple FIRs registered at different locations. He informed that the petitions challenging each FIR was sought to be tagged together, for which he was to approach the Chief Justice of High Court.He urged the Bench to extend the interim relief granted in one of the petitions (against an FIR of Nashik) to the present case.Notably, in that matter, the interim order recorded a statement of the Maharashtra Police of not taking any coercive action against Rane.However, additional public prosecutor Jayesh P Yagnik informed the bench that there were no instructions to make such a statement in this matter.The bench then suggested that the prosecution should seek advice of the Advocate General Ashutosh Kumbhakoni on whether such statement could be made in this matter too and adjourned the matter for further hearing till Friday morning..Rane was arrested in August last year over his remark wherein he had said that CM Thackeray should be slapped for not knowing how many years it has been since India got its independence.In all, 10 FIRs were registered against him in various districts in Maharashtra. While two FIRs were lodged at Nashik rural, one each were registered at Pune, Pune rural, Dhule, Mahad, Jalgaon, Ahmednagar, Thane and Nashik.In his petition, Rane stated that the Dhule Police issued a notice to him under section 41A of the Code of Criminal Procedure (CrPC). This provision allows an investigating officer to issue a notice to an accused seeking his or her appearance before making an arrest."A notice has been issued by the concerned police station stating that the prosecution is going to file a chargesheet and thus I should remain present. It is important to note that before this notice, I was never summoned for investigation purposes by the police," Rane's plea stated.Rane further pointed out that there are multiple FIRs against him over the same remark and thus this is nothing but a brazen attempt to muzzle the freedom of speech guaranteed under the Constitution of India."The criticism of elected representatives in power, in howsoever strong words must be protected and cannot be a ground for initiating penal action, especially, when there isn't any intention to disturb public harmony. The petition further states that Rane's words must be judges with a standard of reasonable, strong-minded, firm and courageous men and not by those who are weak and those who scent danger in every hostile point of view," the plea stated..Maneshinde was briefed by Advocates Aniket Nikam and Ashish Satpute.