Thread by @barandbench

#BombayHighCourt is hearing the plea filed by activist Sharjeel Usmani challenging the FIR registered against him accusing him of making hateful speeches in the Elgar Parishad event of 2021.
#elgarparishadcase

Sr Adv Mihir Desai appearing for Usmani submits that the issue pertains to the speech made by Usmani in the meeting in Pune according to first informant the speech in violation of 153-A.

Desai: There is no dispute that the speech was made. But the question is whether it comes under Section 153-A.

Desai refers to the judgment in the case of Amish Devgan of Supreme court.

barandbench.com/news/supreme-c…

Desai refers to the translation of the speech reproduced in the petition.

Shinde: We have to go through the long speech.

Desai: the speech was in Hindi.
(Tries to make some submission on the speech)

Shinde: Mr Desai you cannot run away from what he has said.
Reading from the speech translated “That there is no trust on the judiciary.”

Shinde: Separately whatever is written about judiciary, we are open. But we have to read the speech in its entirety.

Pitale: The issue with judiciary is either both sides are satisfied with the verdict or none of the sides are satisfied.

Adv Nikam makes submissions on the speech.

Shinde: Mr Nikam we have to read the speech in entirety.

Shinde asks PP JP Yagnik what investigation is being carried out.

Yagnik: When he appeared for the investigation we had put some questions to him and we are expecting some answers.

Desai: His speech is also sent for a forensic science analysis.

Desai submits that if time is required to go through the speech the matter maybe kept some other day.

Yagnik submits that they have come across media reports where it seems that Usmani is speaking to the media.

Shinde: Mr Desai if he has filed petition, if the matter is being heard by us then he has to decide whether or not to speak to media. They will publish what they want to publish.

Shinde: Media reports what happens because it is their job.

Shinde (to PP): You sent him notice, he appeared, now what?

Desai: Milords in the speech one needs to look at the ingredients through which the section can be proved.
To whom it was addressed to..

Shinde: Next time when are you likely to call him?

Desai: Towards the end of the week?

Shinde: Notice was issued under section 41?

Yagnik: If we have to arrest him we will follow the procedure.
But as long as they are here, and they make a statement to not speak to the media.

Desai: Media is here also. What he means is if media asks he should not speak to them.

Shinde: This is an open court Mr Desai. And we are not making any observations to that effect. That is a self-imposed restriction.

Shinde records in the order the statement of Desai that Usmani will remain present for interrogation on March 18, 2021.

Yagnik: The guidelines of Arnesh Kumar, Lalit Kumari and procedure will be followed. All steps will be taken.

Desai raises contentions in the Arnesh Kumar judgement.

Shinde: You are before, he is before us, we have recorded that procedure will be followed, matter is placed for hearing on March 22, so we don’t feel the need to add anything now.

Hearing ends. Matter posted for hearing on March 22, 2021.