Bombay HC rejects Owaisi's plea, says - 'Mocking Lord Ram...'

Bombay High Court has dismissed AIMIM leader Akbaruddin Owaisi's plea seeking quashing of criminal proceedings against him for allegedly making objectionable remarks about Lord Ram and his mother during a public meeting in 2011. The court said that constitutional tolerance cannot be misconstrued as a licence to deliberately insult the religious sentiments of a community.

Justice RM Joshi of the Aurangabad bench refused to interfere with the lower court's order which had taken cognizance of the offences under Sections 295A and 298 of the Indian Penal Code (IPC). The court held that a prima facie case was made out against the MLA.

2011

After investigation, the police filed the chargesheet on March 15, 2021, and the Judicial Magistrate First Class issued summons to Owaisi on November 15, 2021. AIMIM The leader challenged these proceedings, arguing that after the expiry of the three-year limitation period, the court cannot take cognizance of the matter, as the maximum punishment for these offences is three years.

While rejecting this argument, the High Court cited the judgment of the Supreme Court in the case of 'Ghanshyam Soni vs. State' and said that the time limit is calculated from the date of filing of the complaint or the commencement of proceedings and not from the date of taking cognizance. The court noted that the complaint was filed within the stipulated time and the charge under Section 298 can proceed simultaneously with a more serious offence under Section 295A.

This speech sounds thought-out, measured," Justice Joshi said

Libra and premeditated. Referring to the provisions of Section 295A, the Court said that intentional and bad intention must be assessed on the basis of the words used as well as their tone, tone of voice and manner of speaking.

High Court say while dismissing the petition?

While dismissing the petition, the High Court made it clear that its comments are only prima facie and should not have any impact on the trial court while deciding on the merits of the case. The proceedings against Owaisi will now continue in the court of Judicial Magistrate First Class in Ardhapur.

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