Friday, September 7, 2012

Aug 11 riot: Law on provocative speech invoked

S Ahmed Ali TNN


Mumbai: The police on Thursday invoked a law, which deals with making statements with the intention to cause mischief, in connection with the August 11 violence. This assumes significance as the cops have maintained that there is prima facie evidence to show that provocative speeches were made at the Azad Maidan rally that preceded the rioting, which left two dead and dozens injured.
    Section 505 (1) (C) of the IPC pertains to a statement being made “with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community”. Persons making such statements can be punished with a jail term of up to three years and a fine, or both.

    The special investigation team probing the case suspects that at least two speeches delivered at the rally were provocative. Sources said invoking Section 505 was an indication that the police were likely to book the two community leaders who reportedly delivered the speeches. “A couple of speeches appear to be provocative. We are still legally examining them before coming to any conclusion. It’s a sensitive issue and needs to be
dealt with very carefully,” a senior police officer said.
    However, a community leader said:. “Some local maulvis may have provoked the youths. But we have proof that to show that no such speeches were given at the rally. The troublemakers were outside the venue.”
    Meanwhile, Salim Mehtab Shaikh and Amir Yunus Shaikh who were discharged under Section 169 of the CrPC after

confirming that they were not involved in the rioting, were released from jail on Thursday.
    Last week, three others—Anees Dawre, Aslam Ali Shaikh and Abbas Ujjainwala—were also discharged. Abbas’s mother Batul Ujjainwala has written to joint commissioner (crime) Himanshu Roy, appreciating the manner in which the police have conducted the probe.

Cops get age wrong
    
The 59th accused in the rioting case—who was arrested from Shivaji Nagar in Govandi on Wednesday—was produced before the 37th metropolitan magistrate’s court on Thursday. It was only then that the cops realized that he was only 16 years old. He was then produced in the juvenile court and sent to the children’s home in Dongri.

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