BJP leader Vinod Shelar (Twitter/@VinodShelar) Granting anticipatory bail to BJP leader Vinod Shelar and others booked for offences including promoting enmity between groups, a sessions court in Mumbai said Maharashtra must ensure there is no interference by one community into the religious feelings of any other. The court also said that the promotion of fraternity is one of the goals set forth by the Constitution.
Shelar and others were booked by the Malvani police for allegedly taking out a procession on Ram Navami on April 10 without requisite permissions. It was also alleged that they played drums in front of a mosque and organised the procession at a specific time to cause provocation.
“The rights guaranteed by Articles 14, 19 and 21 of the Constitution of India form the basic structure of the Constitution. It is the responsibility of the State to devise a mechanism to ensure that the said rights are given effect to, in letter and spirit. It is the
responsibility of the State to ensure that all steps are taken to promote fraternity among different communities. The State should not shun its eyes and close its ears, in respect of the situation prevailing in the society, resulting in disrespect by any person
belonging to one community for other community. The promotion of fraternity is one of the goals set forth in the Constitution,” the court said.
It said that the state must address the issue to ensure that there shall be no interference by any one community into the religious feelings of any other community, so as to ultimately achieve the goal of fraternity.
The plea filed by the accused persons had said that no harm was caused to religious feelings and there was no use of criminal force or assault by them. The prosecution opposed the plea stating that prayers of the other community were obstructed to cause provocation. The prosecution said that if they were affected by ‘azaan’, they could have approached the court and followed the court of law.
The court, however, said that the custodial interrogation of the accused was not warranted in this case. “No purpose is going to be served by interrogating the applicants by taking them into custody. No slogans are said to have been raised by one community against another community, thereby directly instigating disharmony and creating hatred inter se two communities,” the court said allowing their anticipatory bail pleas.
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