Mumbai, Aug 30 (PTI) The alleged utterances made by Shiv Sena leader Waman Mhatre against a woman journalist were not to humiliate her on the basis of caste, the Bombay High Court said on Friday while granting him interim protection from arrest.
Mhatre was booked under Bharatiya Nyaya Sanhita and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly making derogatory remarks against the woman journalist during the Badlapur school sexual assault protests.
Mhatre, part of the Eknath Shinde-led Shiv Sena, filed an appeal in the High Court on Friday challenging a Kalyan sessions court order of August 29 refusing him pre-arrest bail.
A single bench of Justice Sandeep Marne said perusal of the FIR copy and the statement of the complainant would, prima facie, indicate the utterances of the applicant (Mhatre) were not with a view to humiliate the caste of the complainant.
“Considering the nature of offences levelled against him, in my view applicant deserves interim protection. Prima facie, it does not appear that the utterances were to humiliate the caste of the complainant,” HC said.
Justice Marne said at the most Mhatre might have said those remarks with an intention to humiliate the complainant personally.
“Was it his intention to humiliate her caste? It may be to humiliate her personally but can it be said that it was said to humiliate her caste,” Justice Marne queried.
The additional public prosecutor told the court the accused and complainant were known to each other and, hence, he was aware of her caste.
The court said it would hear the matter on September 4.
“Till next date of hearing in event of arrest he shall be released on anticipatory bail. He shall appear before police and cooperate with the probe,” the court said.
Mhatre, in his appeal, denied the allegations levelled against him by the journalist and said he was only advising and requesting her to not publish any false information that would further incite people protests in Badlapur.
The woman journalist had, on August 21, lodged a FIR against Mhatre for allegedly making derogatory and offensive remarks when she was reporting on the protests at Badlapur over the incident of sexual assault of two minor schoolgirls by a male attendant.
As per the complaint, Mhatre allegedly said the reporter was acting “as if she herself had been raped”.
Mhatre denied this and said he never made any remark against journalist as alleged by her. PTI SP BNM
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