Thane: In a significant development, the Thane Magistrate’s Court has directed Bhayander police to register a First Information Report (FIR) against Nationalist Congress Party (Sharad Pawar faction) MLA and former Housing Minister Jitendra Awhad. The case stems from allegations of promoting enmity between two communities through a controversial speech linked to the 2018 arrest of Vaibhav Raut.
The court’s order comes in response to a complaint filed by advocate and political leader Khush Khandelwal. Khandelwal accused Awhad of making inflammatory remarks in a video that he received via WhatsApp, which purportedly linked the arrested individual to an alleged conspiracy against the Maratha Morcha rally.
The Controversial Video and Allegations
According to Khandelwal’s complaint, the video features Jitendra Awhad making a statement that the explosives recovered from Vaibhav Raut were intended to target a Maratha Morcha rally. The rally was a large-scale protest organized by the Maratha community in 2018, demanding reservations and various other rights.
Khandelwal contended that Awhad’s statement sought to incite animosity between the Maratha and Bhandari communities. He argued that such claims were not only baseless but also had the potential to disrupt communal harmony.
Furthermore, Khandelwal highlighted that a chargesheet had already been filed against Raut following his arrest by the Maharashtra Anti-Terrorism Squad (ATS). He asserted that neither the investigation nor the chargesheet contained any reference to the alleged plan to target the Maratha Morcha rally. This, he claimed, indicated that Awhad’s remarks were made with a deliberate intent to mislead and create discord.
Court’s Directive and Legal Ramifications
Taking cognizance of the allegations, the Magistrate’s Court directed Bhayander police to register an FIR under relevant sections of the Indian Penal Code (IPC) pertaining to promoting enmity between different groups and spreading false information that could incite violence.
Sections such as 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc.) and 505(2) (statements creating or promoting enmity, hatred, or ill-will between classes) of the IPC could potentially be invoked against Awhad.
If proven guilty, these charges carry stringent penalties, including imprisonment. The court’s decision signifies a serious legal challenge for the senior politician, who has been a vocal figure in Maharashtra’s political landscape.
Political Reactions and Public Response
The court’s directive has sparked political reactions across party lines. While Khandelwal and his supporters have welcomed the move, citing it as a step towards accountability and communal harmony, supporters of Awhad have dismissed the allegations as politically motivated.
Awhad, known for his outspoken nature, has often been at the center of controversies. His critics argue that his fiery speeches frequently cross legal and ethical boundaries. However, his supporters claim that he is being targeted for his political stance and that the case is an attempt to suppress his voice.
Legal Experts Weigh In
Legal experts opine that the case could set a precedent regarding the liability of public figures for their speeches. “Public figures, especially politicians, must exercise caution while making statements that could impact social harmony. If the prosecution presents concrete evidence, the case against Awhad could have significant legal consequences,” said senior advocate Prakash Sawant.
Others, however, suggest that proving intent to promote enmity in court can be challenging. “Mere statements, unless backed by strong evidence of incitement or real-world consequences, may not always lead to a conviction,” another legal expert stated.
Next Steps in the Case
With the FIR set to be registered, Bhayander police will likely initiate an investigation into the matter. This could involve gathering digital evidence, verifying the authenticity of the video, and recording statements from key individuals involved.
If the investigation substantiates the allegations, Awhad may be called in for questioning. Any further legal action will depend on the findings of the police probe and subsequent court proceedings.
The case against Jitendra Awhad underscores the legal risks associated with politically charged statements. As the investigation unfolds, it will be closely watched by political observers, legal experts, and the public alike. Whether this development leads to a conviction or political controversy remains to be seen, but it undoubtedly adds another layer of complexity to Maharashtra’s ever-evolving political landscape.
