Remarks of ex-Maha governor Koshyari on Shivaji Maharaj no criminal offence: HC

The Bombay High Court has dismissed a petition seeking action against former Maharashtra Governor Bhagat Singh Koshyari and BJP MP Sudhanshu Trivedi for their statements on Chhatrapati Shivaji Maharaj and other icons saying their remarks prima facie do not constitute an offence under any criminal lawThe high court also said that the statements reflect the perception and opinion of the speaker about those figures with an aim to persuade the audience and the intention appears to be to enlighten society for its bettermentThe HCs order was made available recently Koshyari whose tenure was dogged by controversies caused by his utterances about Shivaji Maharaj social reformers Mahatma Phule and his wife Savitribai and Marathi people stepped down from the post of the governor last monthHe had faced flak for calling Shivaji Maharaj an icon of olden times while Trivedi had allegedly said that the founder of the Maratha empire had apologised to Mughal emperor Aurangzeb Justices Sunil Shukre and Abhay Waghwase on March 20 dismissed a petition filed by Panvel resident Rama Katarnaware who belongs to the Scheduled Caste SC communityAlso read Rahul can never be Savarkar even in his best dreams Anurag ThakurThe petitioner claimed that the statements made by Koshyari and Trivedi who are nonSC or Scheduled Tribes ST members at public speeches are disrespectful to these late political figures who were held in high esteem by members of society in general and members of the SCST communities in particularThe petitioner referred to several objectionable statements made by Koshyari and Trivedi on Shivaji Maharaj Mahatma Phule and Savitribai Phule and Marathi manoosHowever the bench in its order said An indepth consideration of the referred statements would tell us that they are in the nature of the analysis of history and the lessons to be learnt from historyThey also show the intention of the speaker which is that at least in the present times we should learn from history and also realise the consequences of following certain traditions and what may happen perhaps for the worst if those traditions are followed the bench saidIt further said that these statements primarily reflect the perception and opinion of the speaker about those figures with an intention to persuade the audience to whom they have been expressed to think over and act in a way which is good for society The intention behind the statements appears to be the enlightenment of society for its betterment as perceived by the speaker the bench saidThese statements therefore cannot be seen by any stretch of the imagination to be disrespectful to any great person held in high esteem by the members of the society in general and by the members of the Scheduled Castes and the Scheduled Tribes in particular the judges saidIn view of the above the statements which were made do not primafacie constitute any offence punishable under the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act or any other criminal law they saidThe counsel for the petitioner submitted that the respondents are highly powerful and influential authorities and it is only a constitutional court like this that can issue appropriate directions for the registration of the offences and monitor the progress of the investigationIn so far as the powers of this court are concerned there can be no second opinion This court in the exercise of its extraordinary power under Article 226 of the Constitution of India can certainly issue directions for upholding the cause of justice But the question is as to whether or not such a power can be invoked by the petitioner here and this question we answer as in the negative the bench said The reason being that we do not see a primafacie constitution of any of the alleged offences based on the alleged objectionable statements it addedThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever