Chalisa was a Rana...

fundamental right of freedom of expression”, and hence their act came within the ambit of offence under Section 124A. “The words by the accused persons are clearly with an intention to bring hatred or contempt or to excite disaffection against the government, and with an instigation to the citizens to attempt otherwise then by lawful means, to raise discontent and disaffection amongst citizens against government to promote feelings of ill-will and hostility between different classes of citizens,” adds the reply.

The affidavit alleged that the opposition Bharatiya Janata Party (BJP) was strongly opposed to the policies of the Maharashtra government and has been criticising the Shiv Sena for its stand on Hindutva. Some independent political leaders are also raising such issues. Labelling the Ranas as such leaders, the affidavit read: “The investigation has revealed that the accused are such persons who are strong political opponents and have taken a very smart move to make use of the sacred ‘stotra’.” The police have claimed that the Ranas were aware that their move to recite the Hanuman Chalisa outside Matoshree would be opposed by Shiv Sainiks and any opposition to Hanuman Chalisa would in turn have aroused the religious feelings of Hindus. Thus, the accused

wanted to incite hatred and disaffection against the government and to promote hostility among different classes of citizens, the police submitted.

The reply contended that if released on bail, the accused would try and influence and tamper with witnesses, considering their political standing. The prosecution reply also pointed out that there were 18 FIRs registered against the Amravati MLA in his constituency and seven FIRs registered against the Independent MP.