The Mumbai Police have defended Bharatiya Janata Party (BJP) leaders Nitesh Rane, T. Raja Singh, and Geeta Jain against charges of outraging religious sentiments. In an affidavit submitted to the Bombay High Court, the police argued that terms like ‘Rohingyas’, ‘Bangladeshis’, and ‘Jihadis’ used by these leaders were not intended to offend the Muslim community in India.
The affidavit came in response to a Public Interest Litigation (PIL) filed by activist Ratan Kumar Choudhary, who sought FIRs against the BJP leaders for alleged hate speech. The remarks were made during speeches in January at locations including Ghatkopar, Mankhurd, Malwani in Mumbai, and Kashimira in Mira-Bhayander.
Choudhary argued that these terms incited hatred and violence against Muslims. However, the police maintained that the terms were aimed at specific groups involved in illegal activities and not at Indian Muslims. Public prosecutor Hiten Venegaonkar stated, “Section 295A is for outraging sentiments of Indians and it is an admitted position that Rohingyas and Bangladeshis are not from India and they have entered jurisdiction illegally.”
The Rohingya, a Muslim-majority ethnic group from Myanmar, have faced severe persecution and many have sought refuge in India and Bangladesh. Despite their historical roots in Myanmar, the Myanmar government has refused to acknowledge them, leading to a humanitarian crisis that has drawn international condemnation.
The UN Committee on the Elimination of Racial Discrimination (CERD) recently urged India to end the arbitrary detention and forcible deportation of Rohingyas, emphasizing the need to investigate and punish hate speech against them.
The Mumbai Police, after reviewing the speeches, declined to invoke Section 295A of the Indian Penal Code against the BJP leaders. They argued that the remarks were directed at foreign nationals residing illegally in India. The court accepted the police’s stance but allowed petitioners to seek invocation of Section 295A at a later stage.
Earlier, FIRs under Sections 153A and 153B, related to promoting enmity and disharmony within religious groups, had been registered against the leaders. The case continues to draw criticism, with accusations that the police are complicit in supporting the BJP’s anti-refugee rhetoric.
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