Pune court acquits both accused in 2011 case of hate speech

In its order, the court flagged serious gaps in the prosecution’s case, noting that only two witnesses were examined, both of whom relied largely on hearsay

A Pune court has acquitted both the author and founder of Maratha Seva Sangh, Purushottam Suryabhan Khedekar, 77; and publisher Kishor Sahabrao Kadu, 47; in a 2011 case of hate speech over a book, holding that the prosecution failed to prove intent to incite enmity or any actual impact on public order. The judicial magistrate first class (court number 3) pronounced the verdict on March 18 while the detailed judgment was uploaded on March 27.

Crucially, the court noted the absence of any evidence showing that the book had led to communal tension or public disorder (REPRESENTATIVE PHOTO)

In its order, the court flagged serious gaps in the prosecution’s case, noting that only two witnesses were examined, both of whom relied largely on hearsay. During cross-examination, the complainant admitted that he had not purchased or directly read the book and had learned about it from others. The court observed that he lacked personal knowledge about the authorship, printing or publication.

Crucially, the court noted the absence of any evidence showing that the book had led to communal tension or public disorder. “No cogent and reliable evidence is available on record to show that the publication created hostility between communities,” the order stated, adding that no incidents of violence or unrest had been reported before or after the complaint.

Explaining the legal threshold under sections 153(A) and 505(2), the court held that intent and likelihood of inciting disorder must be clearly demonstrated, which was not the case here. It also noted that no community group had formally objected to the book, and no ban had been imposed. “Mere apprehension of disturbance, without concrete evidence, cannot justify criminal prosecution,” the court observed, while also underlining the need to apply hate speech provisions cautiously in view of free speech protections.

The case stemmed from allegations that the book in question, Shivrayanchya Badnami chi Kendre, contained derogatory content capable of creating hostility between the Brahmin and Maratha communities. Bund Garden police had registered an FIR in 2011 and later filed a chargesheet under sections 153(A) and 505(2) read along with section 34 of the Indian Penal Code (IPC). After a trial spanning over a decade, the court has held that the prosecution failed to prove the charges beyond reasonable doubt and granted the benefit of doubt to both the accused, acquitting them of all offences.