2025:BHC-AS:49518-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL PUBLIC INTEREST LITIGATION NO.8 OF 2025 Rama Arvind Katarnaware .. Petitioner Digitally signed by BASAVRAJ Vs.

BASAVRAJ GURAPPA GURAPPA PATIL PATIL Date: State of Maharashtra & Ors. .. Respondents

2025.11.18

18:42:01 …

+0530 Mr. Aditya A. Katarnaware, Advocate for the Petitioner Mrs. M. M. Deshmukh, I/c. PP with Mr. J. P. Yagnik, Additional Public Prosecutor for the Respondent No.1-State …

CORAM : SHREE CHANDRASHEKHAR, CJ &

GAUTAM A. ANKHAD, J.

DATE : 11^th NOVEMBER 2025 P.C. :

Stating that he has not filed any other petition in this Court or the Hon’ble Supreme Court of India or any other Court in respect of the reliefs sought herein, the petitioner has made prayers on varied issues running from clauses (a) to (r) from page no.16 to page no.22. Not only that, the petitioner has also made a statement in paragraph no.8 to the effect that constitutional authorities like the Chief Minister, Home Minister, Finance Minister and Minister In-Charge of Social Justice Special Assistance Department, Chief Secretary, Home Secretary and Director General of Police have failed to perform their duties for providing justice and protecting the statutory rights of the victims.

2. On a previous occasion, in Criminal Writ Petition No.5284 of 2022 filed by the present petitioner, the following prayers were made:

“(a) This Hon’ble Court may pass a writ of Mandamus to the concern Police Authority to take legal action against the respondents, according to the procedure established by law with respect to the complaints dated

22/11/2022, 23/11/2022 & 25/11/2022.

(b) This Hon'ble Court may direct the Kurla Police Authority to restore and produce the CCTV footage of entire Kurla Police Station Premises dated 22/11/2022 with respect to application dated 22/11/2022 with Annexure-

B”.

3. This Court, by an order dated 20^th March 2023 dismissed the writ petition with the following observations:

“1. Heard the learned Counsel for the petitioner and the learned APP for the State/Respondent No.1.

2. By this petition, the petitioner has made the following prayers :- “a. This Hon’ble Court may pass a writ of Mandamus to the concern Police Authority to take legal action against the respondents, according to the procedure established by law with respect to the complaints dated 22/11/2022, 23/11/2022 & 25/11/2022.

b. This Hon’ble Court may direct the Kurla Police Authority to restore and produce the CCTV footage of entire Kurla Police Station Premises dated 22/11/2022 with respect to application dated

22/11/2022 with Annexure-B.”

3. The reason for making such prayers in this petition is that, the petitioner considers certain statements made in the public addresses, given by Respondent Nos. 2 & 3, to be disrespectful to the dead persons, who were political figures in Indian Society and who were held in high esteem by members of the Society in general and by the members of the Scheduled Castes and the Scheduled Tribes, in particular.

4. In support of the case put forward by the petitioner for issuing necessary directions to the police, learned Counsel for the petitioner has invited our attention to the complaint made by the petitioner to the Commissioner of Police, Mumbai and the Deputy Commissioner of Police, Zone-V, Mahim, Mumbai in this regard, which starts from page 20 (Annexure-D) in the proceedings. We are of the opinion that the statements allegedly made by Respondent Nos. 2 & 3 and which are considered to be objectionable by the petitioner, do notprima-facie constitute any offence, much less the offence punishable under Section 3(1)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

5. These statements, which are reproduced in the complaint (Annexure-

D), are as follows :-

शि(cid:2)वाजी तो पुराणे युग की बात हे- आब मै आता हू उत्तर देने के लीये देखीये

iz;kl जो उन्होंने कहने का शिकया की सावरकर जी ने माफी मांगी है तो

माफीनामे की जो बात है वो तो उस ज़मा