The Crossbill Team
The Bombay High Court has allowed a radical Hindu outfit to proceed with the ‘Viraat Hindu Sant Sammelan’ in Malegaon, where 2008 Malegaon blast accused and former BJP MP Pragya Thakur is set to be honoured with the ‘Hindu Veer Puraskar.’
The decision comes despite opposition from the Maharashtra government, which raised concerns about potential communal unrest, Live Law reported.
A division bench of Justices Ravindra Ghuge and Ashwin Bhobe, in its order, the court invoked the principle of ‘live and let live,’ asserting that after 78 years of independence, Indian society is sufficiently educated and wise to exercise discretion over free speech.
The ruling, delivered on Friday (March 28), cleared the Hindu Sakal Samaj to organize the event in Malegaon, Nashik district, on March 30.
The Maharashtra government had opposed the gathering, arguing that some of the speakers were known for making inflammatory remarks and highlighting the potential for communal tensions, especially with Eid celebrations scheduled for March 31. The state also cited recent communal clashes in Nagpur as a cause for concern.
However, the court, in its 11-page order, emphasized India’s progress in various fields, including technology, space exploration, and economic growth, positioning itself as the world’s fifth-largest economy.
“We are of the view that people should act responsibly showing wisdom and patriotism and allow people to profess their religion, customs and worship. Wisdom comes from understanding and harmony arises when we embrace that understanding with kindness and compassion. ‘Live and let live’ should be the hallmark of our character. True peace is found not in mere knowledge, but in the balance of the mind, heart and soul,” the court said, reported Live Law.
Despite the state's apprehensions, the court noted that there had been no communal incidents in Malegaon in the 17 years since the 2008 blasts.
It accepted an undertaking from the event organizers ensuring that no speaker would deliver inflammatory speeches. The court emphasized that this commitment would be binding not only on the organizing committee but also on the speakers, who would be held accountable for their statements.
"Wisdom should prevail and the Speakers would also ensure that as they express their thoughts, none of them would be directed against any other religion due to which the members of other religion would feel hurt,” the court said.
The Maharashtra government, in its submissions, pointed out that Thakur, who is being felicitated at the event, remains an accused in the 2008 Malegaon blast case. The attack, which took place near a mosque in September 2008, resulted in the deaths of six people and left over 100 injured. Thakur was jailed for nine years before securing bail in 2017.
Last April, a special National Investigation Agency (NIA) court in Mumbai had noted that Thakur’s repeated absence from hearings was delaying the trial and directed the NIA to verify her health condition.
Despite the state’s concerns, the court upheld the organizers' right to hold the event, emphasizing the need for responsible conduct and adherence to the undertaking given to the court.
The decision comes despite opposition from the Maharashtra government, which raised concerns about potential communal unrest, Live Law reported.
A division bench of Justices Ravindra Ghuge and Ashwin Bhobe, in its order, the court invoked the principle of ‘live and let live,’ asserting that after 78 years of independence, Indian society is sufficiently educated and wise to exercise discretion over free speech.
The ruling, delivered on Friday (March 28), cleared the Hindu Sakal Samaj to organize the event in Malegaon, Nashik district, on March 30.
The Maharashtra government had opposed the gathering, arguing that some of the speakers were known for making inflammatory remarks and highlighting the potential for communal tensions, especially with Eid celebrations scheduled for March 31. The state also cited recent communal clashes in Nagpur as a cause for concern.
However, the court, in its 11-page order, emphasized India’s progress in various fields, including technology, space exploration, and economic growth, positioning itself as the world’s fifth-largest economy.
“We are of the view that people should act responsibly showing wisdom and patriotism and allow people to profess their religion, customs and worship. Wisdom comes from understanding and harmony arises when we embrace that understanding with kindness and compassion. ‘Live and let live’ should be the hallmark of our character. True peace is found not in mere knowledge, but in the balance of the mind, heart and soul,” the court said, reported Live Law.
Despite the state's apprehensions, the court noted that there had been no communal incidents in Malegaon in the 17 years since the 2008 blasts.
It accepted an undertaking from the event organizers ensuring that no speaker would deliver inflammatory speeches. The court emphasized that this commitment would be binding not only on the organizing committee but also on the speakers, who would be held accountable for their statements.
"Wisdom should prevail and the Speakers would also ensure that as they express their thoughts, none of them would be directed against any other religion due to which the members of other religion would feel hurt,” the court said.
The Maharashtra government, in its submissions, pointed out that Thakur, who is being felicitated at the event, remains an accused in the 2008 Malegaon blast case. The attack, which took place near a mosque in September 2008, resulted in the deaths of six people and left over 100 injured. Thakur was jailed for nine years before securing bail in 2017.
Last April, a special National Investigation Agency (NIA) court in Mumbai had noted that Thakur’s repeated absence from hearings was delaying the trial and directed the NIA to verify her health condition.
Despite the state’s concerns, the court upheld the organizers' right to hold the event, emphasizing the need for responsible conduct and adherence to the undertaking given to the court.
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