In Maharashtra, the Mira Bhayandar Vasai Virar (MBVV) police registered an FIR against a lawyer for sharing a video by YouTuber Dhruv Rathee that criticized Prime Minister Narendra Modi during the Lok Sabha elections.
The incident occurred last week on May 20 when advocate Adesh Bansode, who also serves as the Maharashtra secretary of the Communist Party of India (Marxist-Leninist) Liberation, shared a link to Rathee’s video, ‘Mind of a Dictator,’ in the Bar Association of Vasai WhatsApp group.
The video shared in the group was created by Youtuber Dhruv Rathee. The video, published on May 19, delves into the life and personality of PM Narendra Modi. It explores his journey from his school days, joining the RSS, his role in the BJP, and his tenure as the Chief Minister of Gujarat. It also analyzes how his policies and decisions have impacted every corner of the country.
A day later, the video was uploaded on YouTube. Advocate Adesh Bansode attached the link and shared it in the Bar Association of Vasai WhatsApp group. He also urged the WhatsApp group members to “watch the video before going to vote,” aligning with the fifth phase of polling on May 20.
Following this, another lawyer from the same group filed a complaint with the police, describing the video as “objectionable.” In response, the police lodged a suo motu complaint and registered an FIR on May 21.
The FIR, based on a complaint by a head constable from the secret branch of MBVV Police, claims that the video shared by Bansode contained false statements about Lok Sabha election candidates and attempted to influence voters, thereby violating the prohibitory orders of the commissioner of police. The police action has sparked a discussion on the limits of free speech during elections.
To ensure smooth election proceedings, MBVV Police Commissioner Madhukar Pandey had issued a prohibitory order for his commissionerate from May 18 to May 20. Bansode has called the FIR illegal, asserting it is an attempt by the state to suppress free speech.
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He claimed that the police did not follow due legal process before filing the FIR under Section 188 of the Indian Penal Code (IPC), which pertains to disobedience to an order duly promulgated by a public servant.
Bansode pointed out that, according to Section 195 of the Criminal Procedure Code (CrPC), the police must obtain prior permission from the concerned court before registering an FIR under Section 188. Criticizing the police action, Bansode said, “The video was watched, liked, and shared by millions of internet users. Will the police lodge cases against all of them? I am protesting against the illegal FIR.”
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