The Nagpur branch of the Bombay High Court has quashed an FIR against a doctor and an army soldier. They were accused of hurting Muslim religious sentiments by allegedly making the statement, “Say Vande Mataram or go to Pakistan.”
Justices Vibha Kankanwadi and Vrushali Joshi expressed their regret on Wednesday, July 24, 2024, that nowadays, everyone wants to place their religion and god above everything else.
The judges emphasised that India is a secular nation where everyone should respect each other’s religion. They noted that, “People have become more sensitive about their religions than ever before.”
They stressed that in a democratic, secular country, everyone should respect each other’s religion, caste, and race. However, the High Court also mentioned that if someone claims their religion and god are supreme, others should not react immediately; there are other ways and means to address such claims.
The Bombay High Court’s Nagpur bench was hearing the petition of 41-year-old army soldier Pramod Shendre and 47-year-old doctor Subhash Waghe. The case pertained to a 2017 WhatsApp group chat with 150-200 members.
Complainant Shahbaz Siddiqui alleged that both had posed offensive questions about the Muslim community. When some Muslims in the group refused to say “Vande Mataram,” Shendre and Waghe told them to go to Pakistan.
Shahbaz Siddiqui argued that “Vande Mataram” means worshipping the mother, which is why he refused to say it, fearing expulsion from Islam. According to him, Muslims can only say “Hindustan Zindabad.” Siddiqui had filed an FIR in Nagpur. The accused’s lawyer, Sameer Sonawane, claimed that Siddiqui was intentionally added to the group to provoke such a situation.
He argued that Pramod and Subhash were concerned that some people in India oppose “Vande Mataram.” He described both accused as respectable individuals who love their country, making it unjust to drag them to court.
Meanwhile, the lawyer representing the Muslim side claimed that the accused wanted to show Hinduism as superior and had malice towards Muslims. The High Court found the investigation flawed and ordered the FIR to be quashed. On the day of the chat, Siddiqui had also gone to Dr. Subhash’s clinic and had a confrontation there.
The judges noted that despite having 150-200 members in the group, the police recorded statements from only four Muslims. They mentioned that these members were not very active in the group. The High Court stated that this was a political debate, which tends to get heated. The police did not even ascertain who the group admin was or how many Muslims were in the group.
Furthermore, it was not a case under Section 295A of the IPC, as WhatsApp messages are end-to-end encrypted.
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