While granting bail to independent Member of Parliament Navneet Rana and her husband, MLA Ravi Rana, the court noted: "They have crossed the lines of freedom of speech and expression. However, it may not be sufficient ground for sedition."
Special judge R.N. Rokade granted bail to the Ranas on May 4. However, the detailed order was made available on Friday. They were arrested on April 23 for declaring that they will recite Hanuman Chalisa outside Chief Minister Uddhav Thackeray’s residence Matoshree. However, they had withdrawn their plan because of Prime Minister Narendra Modi’s visit and were sent to judicial custody by the magistrate court for 14 days on April 24. They have been booked under sections 124A (sedition) and section 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc and doing acts prejudicial to maintenance of harmony) of the Indian Penal Code (IPC).
The court said, "A citizen has a right to say or write whatever he likes about the government, or its measures, by way of criticism or comments, so long as he does not incite people to violence against the government established by law or with the intention of creating public disorder. Undoubtedly, the applicants [Ranas] have crossed the lines of freedom of speech and expression guaranteed under the Constitution. However, mere expression of derogatory or objectionable words, may not be a sufficient ground for invoking the provisions contained in section 124A of IPC."
The 17-page order read: "The said provisions would apply only when the written and spoken words have the tendency or intention of creating disorder or disturbance of public peace by resort to violence. Therefore, though the statements and acts of applicants are blameworthy, the same cannot be stretched too far to bring within the ambit of section 124A of IPC."
