"We will hold our hands if no offence is committed by Rane": Maha Government tells Bombay High Court

  • Lawbeat News Network
  • 04:59 PM, 25 Aug 2021

Read Time: 07 minutes

The Maharashtra Government informed Bombay High Court today that no coercive action will be taken against the Union Minister viz. the Nashik FIR filed against him for comments pertaining to CM Uddhav Thackeray.

A bench led by Justice Shinde, comprising also, Justice Jamadar was informed by Senior Advocate Amit Desai that since Rane's immediate concern was the Nashik FIR, he was making a statement on record that no action will be taken against the Minister viz. the Nashik FIR.

Senior Advocate Maneshinde replied to Desai and said, "There are multiple FIRs. They can take action in another case. Notice is issued under section 41A CrPc in Nashik FIR. The Cabinet ministers are making statement that whatever we want to achieve has been achieved. Hence, I am seeking protection in all FIRs arising from the press conference".

"They should also make a statement that no offence should be committed. I am making a statement that we will hold our hands," replied Desai (for Maha Govt.).

The Bench while dictating the order, recorded Desai’s statement that no action will be taken in connection with Nashik cyber police FIR only. 

Matter was adjourned to 17th September, an amendment will be made by the petitioner in his plea by then.

After a Raigad Magistrate Court granted bail to Union Minister Narayan Rane in the wee hours of the night, he moved application in Bombay High Court for quashing of FIRs against him in connection with his alleged statement against Maharashtra Chief Minister Uddhav Thackeray.

On Tuesday, bail was granted to Rane in one of the FIRs filed against him for statements against Maharashtra Chief Minister Uddhav Thackeray.

FIRs against the Union Minister were lodged under Sections 500 (defamation), 505(2) (statements leading to mischief) 153A (promoting enmity to disrupt harmony), Indian Penal Code.

He was produced before the court of Judicial Magistrate Shaikhbabaso S Patil late in the evening whereby brief arguments ensued on behalf of the Government which sought 7 days custody of the Union Minister.

Government Pleader Bhushan Salvi sought custody of 7 days in order to conduct further investigation in the case.

Adv. Rajendra Shirodkar appearing for Rane said arrest was unnecessary, considering all offences made out were for a punishment of less than 7 years apart from non-compliance of section 41A summons under CrPC (pre-arrest notice).

The Magistrate granted bail to Rane and directed him to furnish a bail bond of ₹15, 000 with surety.

Rane faces four FIRs across Maharashtra over his remark about Thackeray.

He was arrested yesterday by the Ratnagiri police and was taken to Mahad in Raigad district.
“It is shameful that the Chief Minister does not know the year of independence. He leaned back to ask about the count of years of independence during his speech. Had I been there, I would have given him a tight slap,” Rane allegedly said.

Charges of defamation and inciting violence have been levied against the Union Minister.

The police took Rane into custody from Sangameshwar in Ratnagiri. 

It was then learnt that Sessions Court had rejected his plea, and the Bombay High Court bench of Justice SS Shinde refused urgent mentioning in the matter, by Adv. Nikam.

“Please follow the procedure, don’t make us do the job of registry,” the bench directing to move praceipe, said.

(Praceipe is a writ instructing a given action be taken, or demanding a reason for failure of non compliance)

News reports suggested that Pramod Jathar, Maharashtra MLA and close ally of the Union Minister claimed that no arrest warrant had been produced and that police pleaded that they were under pressure to arrest Rane.