[Hanuman Chalisa row] Mumbai Court grants bail to Navneet Rana, Ravi Rana in sedition case

A Mumbai Sessions Court on Tuesday allowed the bail application filed by Member of Parliament Navneet Rana, and her husband and Member of Legislative Assembly Ravi Rana who are in judicial custody in a sedition case registered against them in relation to the Hanuman Chalisa row. .Special Judge RN Rokade stated that bail will be granted upon furnishing bail bond of ₹50,000 each.The judge also added that the applicants are not to engage with media. The couple was also directed not to engage in similar offences. As for attendance, the Court directed Mumbai Police to give a 24-hour notice before summoning them..The Court noted from the first information report (FIR) that prosecution’s case was not that the announcement was made with an intention to incite people to create disorder by acts of violence.“The said announcement do not in any manner have the tendency of subverting the Government by violent means, nor do the same have the effect of creating hatred, disaffection or contempt for the Government“ the order recorded.The judge noted that neither of the applicants called anyone to bear arms nor any violence was incited in general as a result of the speech delivered by the applicants.“Therefore, though the statements and acts of applicants are blameworthy, the same cannot be stretched too far to bring within the ambit of section 124A of IPC” the judge concluded.Deducing that prima facie the decisive ingredients of section 124A of the IPC are not made out at this stage, the Court allowed the bail application..The judge reiterated that the the section could not be invoked to penalise criticism of persons in the administration or usage of strong words to express disapproval of State measures with a view to improve and alter then by lawful means.“A citizen has a right to say or write whatever he likes about the Government, or its measures, by way of criticism or comments, so long as he does not incite people to violence against the Government established by law or with the intention of creating public disorder”, the Court said in its order..The couple was arrested by the Mumbai Police on April 23 after they 'threatened' to recite the Hanuman Chalisa outside Maharashtra Chief Minister (CM) Uddhav Thackeray's private residence.They were remanded to 14-day judicial custody on Sunday, April 24 by a Special Metropolitan Magistrate for MPs and MLAs at Sewree, Mumbai.The bail plea before Sessions raised the following grounds:That their arrest is illegal, contrary to law and against constitutional rights;That they should have been issued a notice by police, before arresting, which was not done.That there was no mens rea under Section 153A of IPC or intention to cause ill will or hatred feelings of persons mentioned in the section..On the other hand, the Mumbai Police contended that the announcement of reciting the Hanuman Chalisa was a ploy to plead collapse of law and order in Maharashtra and, thereby, dissolve the Maha Vikas Aghadi government.They alleged that the issue was raked up to create an impression in the minds of general public that the State government of which Shiv Sena is a part, is hostile towards Hindus and it is difficult for Hindus to practice their religion freely..A separate case had also been registered against the Ranas under Section 353 of the Indian Penal Code for alleged assault of public servant, after it was alleged that they had resisted when the Police tried to arrest them. A plea for quashing that case was dismissed by the Bombay High Court on April 25. .[Read order]