Won’t arrest Rane, Maha govt tells HC

{ MAHAD COURT } ON RANE’S BAIL PLEA

Considering the reason for arrest and other reasons, I found that the arrest is justified... the accused shall not commit a similar type of offence

MUMBAI: The Maharashtra government told the Bombay high court on Wednesday that it would not take any “coercive action” against Union minister Narayan Rane in a first information report (FIR) registered in Nashik for saying he wanted to slap chief minister Uddhav Thackeray, even as a local court which granted the central minister bail said the arrest was “justified” but his custodial interrogation was not necessary.

The government’s assurance came a day after the Bharatiya Janata Party (BJP) leader was arrested in a case registered against him at Mahad in Raigad district over the remark.

Rane, who holds the micro, small and medium enterprises portfolio, is the first sitting central minister to be arrested in two decades, since Murasoli Maran and TR Baalu were picked up in an infamous midnight raid in Chennai by the Tamil Nadu Police in 2001.

The senior Bharatiya Janata Party (BJP) leader was arrested in Golavali in Ratnagiri district on Tuesday, where he was travelling as part of the Jan Ashirwad rallies newly inducted Union ministers are addressing across the country.

On Monday, during his rally, Rane had said, “It is shameful that the chief minister does not know the year of independence. He leaned back to enquire about the count of years of independence during his (August 15) speech. Had I been there, I would have given (him) a tight slap.”

The statement sparked off angry protests by Shiv Sena workers across the state and FIRs were filed against Rane at Mahad, Nashik, Thane and Pune, setting up another political faceoff between the ruling threeparty alliance and the BJP.

The Bombay high court on Wednesday heard Rane’s plea seeking to quash the FIR registered against him in Nashik and all other cases that might be lodged in future. Rane also sought interim protection from arrest.

Nashik Police had issued a notice directing him to remain present before the investigation officer at 12 pm on September 2.

Senior counsel Amit Desai, appearing for the state, told the division bench of justices SS Shinde and NJ Jamadar that no coercive action (such as arrest)

will be taken against Rane in the FIR registered in Nashik till September 17, when the plea would be further heard.

Rane’s lawyer Satish Maneshinde sought protection in all cases that may arise out of the statement in question. Desai, however, said such blanket assurance of protection cannot be made as the petition only mentioned the Nashik FIR.

The high court said that Rane’s lawyers can amend the petition later to seek protection in connection with other FIRs.

Earlier in the day, magistrate SS Patil of Mahad court who granted bail to Rane on Tuesday night noted in the detailed order (which became available on Wednesday) that “considering the reason for arrest and other reasons, I found that the arrest is justified”.

But the judge also said that the Indian Penal Code (IPC) sections invoked against Rane were not punishable with life or death and “no prejudice would be caused to the prosecution if the accused is released on bail”.

The FIR at Mahad was registered under IPC sections 189 (threat of injury to public servant), 504 (intentional insult to provoke breach of public peace), and 505 (statements conducive to public mischief). The FIR in Nashik was filed under sections 500 (defamation), 505(2) (circulation of defamatory material), 153-b (1)(c) (commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities) of Indian Penal Code. Of the charges, section 153-b (1)(c) is a non-bailable offence.

The court warned Rane that he “shall not commit a similar type of offense” and must cooperate with the probe.

Rane will soon resume his Jan Ashirwad Yatra along the same route, one of his aides said.

The controversy comes months ahead of crucial local body elections in Mumbai and other cities in Maharashtra. Experts said Rane was elevated as Union minister to take on the Sena in its stronghold of Mumbai and coastal Konkan regions. It also revives an old rivalry between Thackeray and Rane, a former chief minister who revolted against the Sena chief in 2005, moved to the Congress with a dozen lawmakers in 2005, before joining the BJP in 2019.