Bombay HC says ex-Maha governor Koshyari's remarks on Shivaji Maharaj no criminal offence

Bombay High Court  has dismissed a petition seeking action against former Maharashtra Governor Bhagat Singh Koshyari and BJP MP Sudhanshu Trivedi for their statements on Chhatrapati Shivaji Maharaj and other icons, saying their remarks prima facie do not constitute an offence under any criminal law.

The high court also said that the statements reflect the perception and opinion of the speaker about those figures with an aim to persuade the audience, and the intention appears to be to enlighten society for its betterment.

The HC's order was made available recently. Koshyari, whose tenure was dogged by controversies caused by his utterances about Shivaji Maharaj, social reformers Mahatma Phule and his wife Savitribai and Marathi people, stepped down from the post of the governor last month.

He had faced flak for calling Shivaji Maharaj an icon of olden times, while Trivedi had allegedly said that the founder of the Maratha empire had apologised to Mughal emperor Aurangzeb. Justices Sunil Shukre and Abhay Waghwase, on March 20 dismissed a petition filed by Panvel resident Rama Katarnaware, who belongs to the Scheduled Caste (SC) community.

The petitioner claimed that the statements made by Koshyari and Trivedi who are non-SC or Scheduled Tribes (ST) members, at public speeches are disrespectful to these late political figures who were held in high esteem by members of society in general and members of the SC/ST communities in particular.

The petitioner referred to several objectionable statements made by Koshyari and Trivedi on Shivaji Maharaj, Mahatma Phule and Savitribai Phule and Marathi manoos.

They also show the intention of the speaker, which is that at least in the present times, we should learn from history and also realise the consequences of following certain traditions and what may happen perhaps for the worst, if those traditions are followed, the bench said.

It further said that these statements primarily reflect the perception and opinion of the speaker about those figures with an intention to persuade the audience, to whom they have been expressed, to think over and act in a way which is good for society. The intention behind the statements appears to be the enlightenment of society for its betterment, as perceived by the speaker, the bench said.

These statements, therefore, cannot be seen, by any stretch of the imagination, to be disrespectful to any great person, held in high esteem by the members of the society in general and by the members of the Scheduled Castes and the Scheduled Tribes in particular, the judges said.