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The Bombay High Court passed a order on 20 March, 2023.This was seen in the case of. Rama Arvind Katarnaware v. State of Maharashtra & Ors. 5284/2022 and the case was presided over by Hon’ble Justice  Sunil Shukre and Abhay Waghwase.

FACTS OF THE CASE:

In this case the petitioner considers certain statements made by Respondent to be disrespectful to the dead persons, who were political figures in Indian Society and who were held in high esteem by members of the Society in general and by the members of the Scheduled Castes and the Scheduled Tribes, in particular.

ORDER BY COURT:

As, they also show the intention of the speaker, which is that atleast in the present times, we should learn from the history and also realize the consequences of following certain traditions and what may happen perhaps for the worst, if those traditions are followed. The intention behind the statements appears to be of enlightenment of the Society for its betterment, as perceived by the speaker. These statements, therefore, cannot be seen, by any stretch of imagination, to be disrespectful to any great person. In view of above, the statements, which were made, do not prima-facie constitute any offence punishable under the Atrocities Act or any other criminal law. The bench dismissed a petition filed by one Rana Katarnaware, a member of the scheduled caste community claiming that the statements by Koshyari and Trivedi were disrespectful to the historical figures who were held in high esteem in the society. The Court, however, did not see prima facie constitution of any offence as alleged by the petitioner and hence did not deem it fit to exercise its powers under Article 226 of the constitution.

 

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JUDGEMENT REVIEWED BY ARCHLA.

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