High court relief for VHP leader

MUMBAI: VHP general secretary Pravin Togadia general secretary of Vishwa Hindu Parishad (VHP,,) received a major reprieve from the Bombay HC on Tuesday when the judge stayed criminal proceedings against him in a case where he was accused of making inflammatory speeches at a public meeting at Nardulla Tank, Prabhadevi on March 16, 2003. The Dadar metropolitan court had issued proceedings against Togadia on January 7, 2005., after the section officer of the state home department in October 2004 gave sanction to prosecute him.The magistrate had also issued a warrant against Togadia. By filing a petition in high court, Togadia filed a petition in the HC to seek quashing of all the criminal proceedings against him.tnn. Justice Rekha Sondur-Baldota stayed criminal proceedings against Togadia pending in the court of Dadar Additional Metropolitan Magistrate for allegedly making inflammatory speech while hearing a public meeting at Nardulla Tank, Prabhadevi on March 16, 2003.

Dadar metropolitan court had issued proceedings against Togadia on January 7, 2005 after the section officer of the state Home department in October 2004 gave a sanction to prosecute Togadia. The magistrate had also issued warrant against Togadia. By filing a petition in high court, Togadia has sought quashing of all the criminal proceedings against him.

According to Togadia's petition, he addressed a public meeting organized by Rashtriya Vichar Manch at Nardulla Tank, Prabhadevi on March 16, 2003 as the General Secretary of VHP. After the meeting was over, it was alleged that through this speech Togadia attempted to promote disharmony amongst the Hindus, Muslims and Christians.

An FIR was registered on September 27, 2003, by one Vivekanand Bhosale under sections 153A, 153B, 298 and 505 of Indian Penal Code (IPC). Police had also recorded statements of eight witnesses.

"Complainant (Bhosale) had stated that Teesta Setalvad of Communalism Combat has submitted an English gist of the speech given by me, which reflects the words used by me may affect the national harmony. Setalvad has given a written complaint to Dadar police station and claims offences are punishable under the said sections and had asked to register the complaint," says Togadia's petition.

"An opinion was sought from the public prosecutor, Greater Mumbai, who too had opined that contents of the speech amount to offence punishable under the said sections of IPC," says the petition. It further says that "all statements of witnesses are identical and stereotyped."

The Home department had granted sanction to prosecute Togadia on October 7, 2004, after which the magistrate took cognizance of the case and issued summons to him.


"Charge sheet was filed after more than two years. It appears that the state has filed the FIR under pressure from Setalvad," states the petition.

Togadia's advocate Niteen Pradhan argued that preliminary inquiry was not carried out by the police. "He has only spoken about Historical facts," Pradhan told the court.

Additional public prosecutor Usha Kejariwal sought time to seek instructions from the police department.

"A group of activists had together urged action against the Hate speech of Togadia. I was one of them. We believe that the utterance of the venom of the kind that Togadia and his ilk specialise in destroy the fabric of tolerance and mutual respect in our society and have always urged the authorities to act against all hate speech be it of the saffron or green variety," Setalvad told Times Of India.