"Political intervention:" Mumbai Court pulls up Maharashtra govt. in case against Narayan Rane, Nitesh Rane

A Mumbai Sessions Court on Wednesday pulled up the Maharashtra government for what it considered as 'political intervention' in the case against Union Minister Narayan Rane and Member of Maharashtra Legislative Assembly Nitesh Rane in relation to alleged defamation of late Disha Salian, former manager of late actor Sushant Singh Rajput..Additional Sessions Judge SU Baghele said in his order about the possibility of involvement of the State political machinery in initiating the present case.“The applicants are said to have been interrogated for considerable duration, as sought to be impressed upon, by the learned counsel for the applicants. The State machinery engaged the services of Special Public Prosecutor. These factors, apart from some other factors, which are not being dealt with herein, prima-facie depict an unprecedented manner of dealing with the alleged crime, by the State machinery. That leads this court to find some substance in the canvassed at the instance of the applicants, that there has been some political intervention,” the order stated..That leads this court to find some substance in the canvassed at the instance of the applicants, that there has been some political intervention.Mumbai court .Pertinently, the Court said that it is unfortunate that investigating agencies have to work under governments and there is a need to ensure that they become totally independent and not a tool in the hands of the ruling dispensation.“The police machinery or any other investigating agency is not expected to act as a tool in the hands of Government, but is expected to work without fear and favour, while discharging its function of investigation. It is unfortunate that the investigating agencies have to function under governments. There is the need for the State, to ensure that the investigating agency becomes totally independent, so as to reach the goal of justice, enshrined in the Constitution of India,“ Judge Baghele said.The Court also emphasized how the State machinery is expected to uphold personal liberty of an individual by following a fair and reasonable procedure. Through the 11-page order, the judge also emphasized on the independence of the agency, and how it is supposed to work fearlessly. .Unfortunate that the investigating agencies have to function under governments.Mumbai court .The Court was hearing the anticipatory bail filed by the father-son duo in connection with the FIR registered against them based on complaint by the parents of late Disha Salian, former manager of late actor Sushant Singh Rajput.They were booked for allegedly making defamatory remarks and spreading false information about Salian who according to police had died by suicide on June 8, six days before Rajput was found dead in his home.They were accused under offences punishable under Sections 211 (false charge of offence), 500 (defamation), 504 (intend to provoke breach), 509 (insult to modesty), 506 II (criminal intimidation) and 34 (common intention) of Indian Penal Code (IPC) read with Section 67 (transmit of obscene material) of the Information Technology Act, 2000 against them.Apprehending arrest, both filed anticipatory bail applications before the Mumbai Sessions Court at Dindoshi which was allowed by the Court today. .The Court expressed its failure to understand how provisions like Sections 509 and 506 (II) of IPC and provision of IT Act were invoked based on the allegations levelled. .The Court was also not convinced of the reasons advanced by the prosecution for custodial interrogation of the applicants. “The nature of the allegations does not ipso-facto speak of the gravity of the alleged crime, as sought to be impressed upon... Indisputedly, the applicants are liable to be dealt with in accordance with law, in relation thereto. However, notwithstanding the same, the custodial interrogation of the applicants is not at all warranted, in relation to those allegations,” the judge observed..There was no way the prosecution was going to get information by arraigning persons as accused in a case, the judge reasoned.“The alleged abstention from answering the questions by the applicants, in relation to some other alleged crime, cannot amount to their non-co-operation, qua the crime in question,” the order added. .[BREAKING] Union minister Narayan Rane, MLA Nitesh Rane granted anticipatory bail in Disha Salian defamation case.The Court further underscored that the publication of defamatory statements was not in dispute.Therefore, the State machinery could prove the publication of those statements by accessing the concerned media resources..In view of these grounds, the Court proceeded to allow the application for anticipatory bail of father and son..[Read Order]