The Special Judicial First Class Magistrate’s Court (Marad Cases) here on February 28 this year had acquitted all the accused, including Vishwa Hindu Parishad international general secretary Praveen Bhai Togadiya and Rashtriya Swayamsevak Sangh Prantha Karyavahak P. Gopalankutty, in connection with a case registered against them for the alleged ‘provocative’ speech made by the former at a public meeting at the Muthalakulam Maidan on July 8, 2003.
Magistrate M.R. Sasi had acquitted them under Section 239 (when the accused shall be discharged) of the Code of Criminal Procedure (Cr.PC).
The case was that a reception had been organised for Mr. Togadia (fifth accused) without obtaining permission from the police to use loudspeakers. It was alleged that Mr. Togadia delivered a speech against the Muslim community with intention to cause disharmony or enmity between Muslims and Hindus.
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All of the accused were charged under Section 143, 147, 188, 153(A) read with 149 of the Indian Penal Code. A First Information Report was also filed the same day.
After completing the investigation, the city police submitted the final report before the Kozhikode Judicial First Class Magistrate Court-III only on July 10, 2012. But the charge sheet was returned to the Station House Officer of Kasaba with direction to file it before a proper court. Thereafter, the case was resubmitted before the CJM Court on September 22, 2012.
During the trial, the counsel for the accused argued that the period of limitation prescribed for the offence is three years as per Section 468 (bar to taking cognisance after lapse of the period of limitation) of the Cr.PC.
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The verdict also pointed out that the delay in filing the charge sheet was not explained. There was a gap of nine years. No opportunity was given to the accused.