No coercive action against Usmani during interrogation: State assures Bombay HC – Hindustan Times

The Bombay high court (HC) on Tuesday directed Sharjeel Usmani, the former student leader of Aligarh Muslim University (AMU), who is booked for making a provocative speech during the Elgar Parishad conference at Pune, to add Pradeep Gawade – the complainant, as a party to the petition and also asked Usmani to attend the police station for interrogation. The court has posted the hearing of the petition to March 15.

The directions were issued after the police orally assured the court that no coercive action would be taken against Usmani when he attends the police station.

A division bench of justice SS Shinde and justice Manish Pitale, while hearing Usmani’s petition seeking quashing of the first information report (FIR) filed against him by the Swargate police station on February 2 for the alleged provocative speech, was informed by senior advocate Mihir Desai that the complaint was frivolous. He said some of his client’s statement was being taken out of context to show that he was inciting people and creating enmity between different communities.

Desai further submitted that while the petition sought quashing of the FIR and proceedings arising out of it, protection was also sought against coercive action while attending the police station where he has been called for interrogation. Desai said that Usmani was willing to cooperate and attend the police station, but he must be provided protection, lest he be arrested.

Before the bench or police could respond, advocate Aniket Nikam sought permission to intervene in the petition on behalf of Gawade, the regional secretary of the Bharatiya Janata Yuwa Morcha (BJYM), the student wing of the Bharatiya Janata Party (BJP) who had given a letter to Swargate police station alleging that Usmani’s speech was against the Hindu community and aimed at creating animosity between communities. Usmani was thereafter booked under section 153 (A) of the Indian Penal Code.

On its part, the state through additional public prosecutor JP Yagnik informed the court that Usmani had been called for initial interrogation and also gave an oral assurance that under the notice issued to Usmani, the police could not take coercive action, hence the apprehension of Usmani of being arrested on attending the police station was unfounded.

After hearing the submissions, the HC directed Usmani to add Gawade as a party to the petition and also directed him to attend the police station and posted the petition for hearing on Monday, March 15.