Delhi High Court Quashes Summoning Orders Against Raj Thackeray in Inflammatory Speech Case

The Delhi High Court recently made a landmark ruling in a case involving Maharashtra Navnirman Sena (MNS) chief Raj Thackeray. Justice Jasmeet Singh quashed summoning orders issued by various courts in Bokaro (Jharkhand), Begusarai (Bihar), Patna and Ranchi against Thackeray for an allegedly inflammatory speech he delivered on Chhath Puja.

The case began in 2009, when Thackeray made some statements regarding Chhath Pooja. Complaints were filed against him in several cities, alleging that his comments hurt their religious sentiments. The magistrates took cognisance of offences under Sections 153A (promoting enmity between groups), 153B (imputations, assertions prejudicial to national integration), 295A (outraging religious feeling) and 298 (wounding the religious feelings) of the Indian Penal Code (IPC).

In 2011, the Supreme Court transferred all the matters to the Tis Hazari court. Thackeray then moved the Delhi High Court in 2018 seeking quashing of the complaints against him.

Before the High Court, counsel for Thackeray argued that he had not made any inflammatory or provocative speech as alleged in the complaint. He added that if the speech had caused any inadvertent and unintentional hurt to any religious sentiments of any person or community, Thackeray tendered his unconditional apology and expressed regret and sadness for the same.

Justice Singh noted that the procedures laid down in the Code of Criminal Procedure (CrPC) had not been followed for issuing the summons. Moreover, for invoking the offence of hurting religious sentiments, no previous sanction of the Central or state government was obtained, as mandated under the CrPC.

The Court quashed the summoning orders, but refused to quash the criminal complaint. In the order, Justice Singh said, “I am of the view that India is a country which is unique due to various religions, faiths and languages which coexist side by side. Its unity lies in this “coexistence.” Religious feelings and religious sentiments cannot be so fragile as to be hurt or provoked by a speech of an individual. Religion and faith are not as fragile as human beings. They have survived for centuries and will survive for many more. Faith and religion are more resilient and cannot be hurt or provoked by views of/ instigation by an individual.”