The Bombay High Court, on Monday, dismissed the plea of independent MP Navneet Rana and her MLA husband Ravi Rana to quash a second petition registered against them for resisting arrest in connection with the recent controversy surrounding reciting Hanuman Chalisa outside Chief Minister Uddhav Thackeray's family home.
The case involves alleged incident of assault of a police officer who came to arrest the politician couple.
The couple was arrested on Saturday after they gave a call for the chanting of Hanuman Chalisa outside 'Matoshree' in Mumbai, which had triggered angry protests by Shiv Sainiks.
A case was registered against Ranas under Sections 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc, and doing acts prejudicial to maintenance of harmony) and 34 (common intention) of the Indian Penal Code, and sections 37(1) and 135 of the Bombay Police Act. The police had also registered another FIR against Ranas for allegedly obstructing police from performing their duty and resisting arrest at their residence in suburban Khar.
The HC bench, comprising Justices P.B. Varale and S.M. Modak, observed that persons in public life are expected to act responsibly. "With great power comes with great responsibility. That those who are active in public life are expected to act responsibly is not an extra but basic am expectation," according to LiveLaw.
The court, however, asked the state government to a issue 72-hour notice to petitioners before taking action on the FIR.
"The declaration that they are reading religious verses in someone else’s house or even in public place, then such an act is infringing public liberty of the other persons. The state is right to invoke the provisions apprehending law and order situation," the court said.
