Rane arrested in Maha over ‘slap CM’ remark
First Union minister to be arrested by any state police in 20 yrs; BJP calls it violation of constitutional values
MUMBAI: Maharashtra Police arrested Union minister Narayan Rane on Tuesday for saying he wanted to slap chief minister Uddhav Thackeray, prompting Shiv Sena workers to go on a rampage, and setting up another political face-off between the ruling three-party alliance and the Bharatiya Janata Party (BJP).
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 BJP leader was arrested in Golavali in Ratnagiri district, where he was travelling as part of the Jan Ashirwad rallies newly inducted Union ministers are addressing across the country. He was arrested during his lunch break and was handed over to Raigad police around 2.45pm. A doctor examined him after the leader complained of high blood pressure and sugar level.
The 69-year-old was produced in a court in Mahad in Raigad on Tuesday night and granted bail.
Aniket Nikam, Rane’s counsel, said, “The bail has been granted on the ₹15,000 surety with four conditions. Rane will have to appear twice before Mahad police, he will have to ensure that the act will not be repeated. He will have to cooperate with the police for collection of voice samples. He will have to ensure that the evidence is not tampered with,” he said.
He is facing three separate first information reports -- one in Mahad in Raigad, one in Nashik, and one in Pune.
The First Information Report at Mahad was registered under Indian Penal Code 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
the count of years of independence during his speech. Had I been there, I would have given him a slap under his ears?,” Rane had said.
His comments sparked outrage.
Sena workers hit the streets on Tuesday, put up posters against Rane, and slapped photos of the minister with shoes in Pune. Sena workers vandalised the BJP’S office In Amravati and set the party’s posters on fire, and demonstrated outside Rane’s Juhu bungalow and clashed violently with BJP members.
Sena’s Ratanagiri-sindhudurg MP Vinayak Raut even wrote to Prime Minister Narendra Modi demanding Rane’s expulsion from the Cabinet. “Rane has belittled the constitutional framework by his statement. The Jan Ashirwad Yatra conceptualised by the PM was to seek the blessings of the people, instead of it, Rane has been issuing statements for the cheap publicity,” Raut said.
Rane approached the Bombay high court challenging the FIRS against him and sought protection from arrest, but in vain.
“File an application before the Registry department seeking urgent hearing and then we will consider,” said a division bench of justices SS Shinde and NJ Jamadar. “Everyone has to go through the process. Don’t make us do the job of the Registry,” the bench said.
A court in Ratnagiri also rejected Rane’s anticipatory bail application.
Hours before his arrest, Rane -- a former ally turned bitter critic of Thackeray -- appeared defiant. “I haven’t committed any crime. You should verify and show it on TV or else I will file a case against you (media). Despite not committing any crime, the media is showing speculative news about my ‘imminent’ arrest. Do you think I am a normal (ordinary) man?” Rane told reporters.
After his arrest, he told news channel CNN News18 that he had no regrets.
As per Rule 222A of the rules of procedure and conduct of business,when a member of the Upper House is arrested on a criminal charge or a criminal offence, it has to be immediately intimated to the chairperson of the Rajya Sabha. They also have to provide reasons for and the place of the arrest.
Rule 222B says when a member is arrested and after conviction released on bail pending an appeal or is otherwise released, it too has to be intimated to the chairperson.
A member enjoys protection from arrest in civil matters when the House is in session and 40 days before and after; but in criminal matters, only the chairman of the House needs to be informed.
Nashik Police commissioner Deepak Pandey said they were following the rule book and the arrest order was issued as per legal provisions. “We have followed legal provisions and will ensure that privileges of the parliamentarian are protected. Since the Union minister is member of Rajya Sabha, we are bound to intimate chairman of the upper House in due course after the arrest,” he said.
Constitutional expert Ulhas Bapat said, “The action can be taken against any Union minister, but the sections slapped against Rane do not attract the arrest. The action will not stand judicial scrutiny.”
Rane’s arrest sparked a political tussle between the BJP and the ruling Maha Vikas Aghadi, which comprises the Sena, Nationalist Congress Party and Congress. The two have sparred since the Sena shocked the BJP by breaking its 25-year-old alliance and joining hands with traditional rivals Congress-ncp to form the government in 2019.
State BJP chief Chandrakant Patil said they didn't justify Rane’s remarks but condemned the arrest. He said Union ministers, President, vice president and the Prime Minister have protection from arrest. “The state authorities which have been given the arrest orders should be aware of it. We do not justify the statement by Rane. He should have been given warning for his statement.”
Former chief minister Devendra Fadnavis said the BJP did not support Rane’s comments but stood behind him
“100 per cent”. “Action against Union minister Narayanrao Rane is absolute vendetta!we strongly condemn this gross misuse of police force & suppression,” he said.
Union minister Smriti Irani condemned the arrest. “What happened in Maharashtra is against all norms, not only of decency of protocol, but also law. This is the depths to which depravity will now be politically exhibited in Maharashtra. It’s a sad day in our constitutional history,” she said.
The NCP condemned Rane’s remarks and party chief Sharad Pawar said Rane was acting according to his “sanskar”.
The Sena said Rane lost his mental balance. “Rane was inducted in the (Union) Cabinet just to attack the Shiv Sena, and while doing his job, he stooped to a new low,” said Raut. .
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.
“Ä lot depends on how this controversy plays up in next few days. If the case against Rane falls in the court he will come out as a winner and BJP will get benefit in Konkan-mumbai. On the other hand, the Sena leadership has shown aggression and given a message to the party cadre that they should take on RANE-BJP in coming elections,” said Hemant Desai, a political analyst. “If the Maharashtra pride card clicks with the voters, Sena will have a clear upper hand in Mumbai and Konkan,”he added.