Pune: Controversial Statements Against Mahatma Gandhi! Court Orders Private Complaint Against Sambhaji Bhide

January 23, 2024

Pune: The First Class Magistrate Alok Pandey has recently issued an order regarding the allegations of defamatory statements made by Sambhaji Bhide against Mahatma Gandhi, the Father of the Nation. Magistrate Pandey ruled that although no cognizable offence is applicable in this case, it is deemed appropriate to file a private criminal complaint against Bhide in court.

Sambhaji Bhide is accused of making disparaging remarks about Mahatma Gandhi, prompting a group of individuals, including Mahatma Gandhi’s great-grandsons Tushar Gandhi, Dr. Kumar Saptarshi, and others, to file a private criminal complaint in the Pune court. The complaint alleges that Bhide’s statements have created discord in society, targeting not only Mahatma Gandhi but also other national leaders, such as Mahatma Phule.

Magistrate Pandey’s order indicates that Bhide’s statement is considered a personal criticism of Mahatma Gandhi rather than an offence against the entire society. The court expressed doubts about the applicability of ‘Section 153A’ of the Indian Penal Code, which deals with promoting enmity between different groups and acts that hinder harmony based on factors such as religion, caste, place of birth, residence, language, etc.

Additionally, the court, in accordance with Section 200 of the Code of Criminal Procedure, has agreed to summon the complainants to testify on January 29. The complainants, represented by advocates Asim Sarode, Shriya Awale, and Balkrishna Nidhalkar, will be examined, and their responses will be crucial in determining the course of further legal proceedings.

While the complainants sought an inquiry into the matter and a case against Sambhaji Bhide under various sections, including ‘Section 153A,’ the court has refused to register a case under Section 156(3), citing the absence of a cognizable offense. Advocate Asim Sarode expressed discontent with the decision and announced plans to appeal against it in a higher court.

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