‘Rane’s slap remark not concrete, immediate threat’

Narayan Rane. File Pic/Satej Shinde

A court in Raigad district has discharged Union minister Narayan Rane in a case involving a statement made in 2021 about slapping Uddhav Thackeray, the then-chief minister. A detailed version of the verdict was uploaded on the court's website on Monday.

The court said the statement did not amount to criminal intimidation but observed that it was politically insensitive, and such remarks were not expected from someone holding the post of Union minister. Rane at a press conference against Thackeray, had stated, "Mi asto tar kanakhalich chadhavli asti (If it was me, I would have slapped him)."

It was alleged by the prosecution that Rane's statement was published in various newspapers, and video clips of the same were circulated on different platforms, causing a disturbance to public tranquillity and resulting in violence. The accused was booked by the Raigad police and charged under various sections of the Indian Penal Code. Rane was arrested and later granted bail by the court.

Chief Judicial Magistrate S W Ugale of Alibaug in Raigad said, "The alleged threat ‘Mi asto tar kanakhalich chadavli asti' is not a concrete or immediate threat in the form of criminal intimidation. Threats under the guise of 'if' and ‘then' do not fall under this section. ‘I will slap him' or ‘am going to slap him' may be considered as an immediate threat and fall under the terminology of 'criminal intimidation,' but not the so-called threat in the form of 'if' and ‘then'." The court order further stated, "The statement made by the accused can be termed controversial and politically insensitive, which is not expected from a person who holds the post of a Union minister."

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The court also noted that the remarks were made by Rane to the then-chief minister, but the latter didn't complain, and a local resident in Mahad had filed the complaint. It stated, "The person who has occupied the post of the chief minister will not break public peace or commit any offence, nor is there a case of the prosecution that the insulted person has caused a breach of public peace or can commit any offence. Therefore, the informant is not the person who has been insulted and provoked to breach public peace or to commit an offence, resulting in not being an aggrieved person, within the meaning of Section 504 of IPC."

The order further reads, "The issue pertains to a question being asked to Thackeray about Indian Independence, and Rane claimed that Thackeray did not know, and it was shameful. Rane then said that had he been at the venue, he would have slapped Thackeray. The complaint was filed in Mahad, Raigad district of Maharashtra by a resident under Sections 153A (1b) (promoting enmity between different groups), 505(2) (statements conducive to public mischief), 504 (intentional insult with intent to provoke breach of peace) and 506 (criminal intimidation) of the Indian Penal Code." The court in its order also said that Section 153A was wrongly added to the FIR. "

Whatever finds in the charge sheet and documents submitted along with it shall be taken into consideration at face value without stretching the imagination. So, there is no targeted and non-targeted group or community in the words spoken by the accused. The very basic requirement to attract the offences punishable under section 153A and 505(2) of the IPC is missing."

2021
Year statement was made