Shivaji remarks row: HC asks Kolhapur court to decide ex-scribe's pre-arrest bail on merits of case

Mumbai, Mar 11 (PTI) The Bombay High Court on Tuesday asked the Kolhapur sessions court to decide the anticipatory bail plea of former journalist Prashant Koratkar, accused of making offensive remarks on Chhatrapati Shivaji Maharaj and his son, on the merits of the case after hearing the parties.

The high court said it has not gone into the merits of the issue, but the additional sessions court will decide the matter on its own merits.

Koratkar has been accused of allegedly threatening Kolhapur-based historian Indrajeet Sawant and making derogatory comments against Maratha king Chhatrapati Shivaji Maharaj and his warrior-son Sambhaji Maharaj.

The Kolhapur police registered a case against the Nagpur resident under relevant provisions of the Bharatiya Nyay Sanhita (BNS) for promoting hatred or enmity between groups.

Fearing arrest, the former journalist has moved the sessions court seeking anticipatory bail.

Additional sessions judge D V Kashyap granted Koratkar interim protection from arrest on March 1 and listed the matter for hearing on March 11.

The state challenged the relief before the high court, claiming that the accused had not cooperated with the investigation.

Public prosecutor Hiten Venegaonkar on Tuesday submitted that while granting him interim relief, the sessions court had directed Koratkar to surrender his mobile phone.

However, instead of personally surrendering the phone, the applicant sent the device with his wife, he said.

"Upon examination by the concerned officer, it was found that the mobile phone surrendered had no data, and everything appears to be deleted," the lawyer submitted.

Venegaonkar argued that the physical custody of the applicant "is necessary for conducting a proper investigation and recovering any deleted data which may be crucial".

He further said that the manner in which the device was surrendered raised serious concerns about the accused's conduct and doubts about tampering evidence and non-compliance with the directions.

Koratkar, represented by lawyers Saurabh Ghag and Sidhant Raul, contended that since the sessions court was hearing the matter on Tuesday, the state's application "is not maintainable".

After hearing both sides, Justice Rajesh Patil said, "This (high) court expects that the additional sessions court would hear all the parties and would pass an order in accordance with the law." He said that the high court has not gone into the merits of the issue, but the additional sessions court will decide the matter on its own merits without being influenced by any observations made herein.

Meanwhile, the Kolhapur police said they have filed an application before the sessions court seeking that the accused remain present during the hearing.

The defence, however, argued that the accused cannot remain present physically in the court due to security reasons. He can instead join the hearing virtually.

The court will hear the matter about the accused's appearance on Wednesday. PTI AVI SPK ARU