Magistrate court in Thane orders police to book NCP (SP) MLA Jitendra Awhad

THANE: A magistrate's court in Thane has directed Bhayander police to register an FIR against NCP (SP) MLA Jitendra Awhad for allegedly promoting enmity between communities through a controversial video statement.
According to the complaint filed by advocate Khush Khandelwal, following the arrest of Vaibhav Raut by Mumbai Police's Anti-Terrorism Squad (ATS) on August 9, 2018, for alleged possession of arms and explosives, Awhad was caught on camera saying that the bombs were meant to target the Maratha Morcha rally.The statement was allegedly aired on multiple news channels during panel discussions.
The complaint was initially dismissed in 2019 by the court, which refused to direct police action under Section 156(3) of the Criminal Procedure Code (CrPC). However, the matter was taken to Bombay high court through a criminal writ petition. On Sept 6, 2024, the HC remanded the matter back to the lower court, directing it to reconsider the application. Awhad then challenged this order before the Supreme Court through a Special Leave Petition, which was dismissed on Nov 18, 2024. Following these legal developments, the Thane court reconsidered the case and ruled in favour of registering an FIR.
During the hearing, the court reviewed a pen drive containing the alleged video statement and found prima facie merit in the accusations. It noted that the content of the video suggested a violation of Sections 153A (promoting enmity between different groups) and 505(2) (making statements creating or promoting enmity, hatred, or ill will between communities) of the IPC. The court also acknowledged that the complaint followed due legal procedures, including an initial approach to the police, followed by escalations to higher authorities, including the state director general of police and governor.
Rejecting Awhad's defence that the statements were taken out of context and politically motivated, the court held that an investigation was necessary to determine the extent of the alleged offences and directed Bhayander police to register the FIR and conduct a thorough investigation.