"Designed to vitiate communal harmony, curb free speech:" Sharjeel Usmani challenges FIR against him for speech at Elgar Parishad 2021

Sharjeel Usmani, former student of Aligarh Muslim University, has approached the Bombay High Court for quashing of First Information Report (FIR) on the ground that the complaint registered against him by the Pune police is bad in law..The police station at Pune had registered an FIR against Usmani at the instance of one Pradeep Gawade, the secretary of Bharatiya Janata Yuva Morcha who accused Usmani of making hateful speeches.Usmani was charged with offence under Section 153A (causing enmity between communities) of the Indian Penal Code (IPC). .The factual matrix leading to the petition started with a gathering organised on January 30, 2021 to commemorate the anniversary of the Battle of Bhima Koregaon at Pune..Usmani was a speaker at the event which also saw participation of persons such as retired Bombay High Court judge, Justice BG Kolse Patil and journalist Prashant Kanojia and it included poetry readings, letter readings and speeches of the guest among other things..Usmani has contended that there was not an iota of disharmony that occurred at the venue before or after his speech..Usmani's contentions are three fold:FIRs of such nature are "protracted modus operandi" of misrepresenting what is said and culminates by initiating the criminal justice system;Modus operandi is targeted against those who identify at the ills that plague our nation, offer course correction but within the construct of constitutional protection;Such FIRs are designed to vitiate communal harmony and curb the free speech and in effect redefine what is acceptable free speech..Gawade's allegation was that Usmani made "provoking and offensive statements against the Hindu community, Indian Judiciary and Parliament" and were insulting to the State. .Usmani has claimed that his entire speech derives inspiration and reliance from historical and factual sources. He has submitted that the "gist of the speech is to fight hatred with constant dialogue with people who do not share similar ideological views and resolve situation of animosity."."It is then ironic that the same speech of the Petitioner is being portrayed offensive. It is the submission of the Petitioner that the impugned FIR infringes upon the fundamental right of the Petitioner granted under Article 19(1)(a) of the Constitution," the plea states..Usmani has argued that the effects of the words must be judged from the standards of reasonable, strong minded, firm and courageous men, and not those of week and vacillating minds, or of those who scent danger in every hostile point of view..Usmani has submitted that the FIR does not disclose any offence in that the actions of Usmani or his speech had no intention to cause disorder or incite people to violence to attract the offence under Section 153A. .Usmani has further argued that the FIR is based on isolated sentences from the entire speech and does not disclose any intention to promote enmity..In 2020, Usmani was charged for involvement in the violence that took place during anti-CAA protests , and was granted bail by a Special Judge at Aligarh on August 24.