Pune Court Acquits Maratha Seva Sangh Founder and Publisher in 2011 Book Case
In a significant legal development, the court of Judicial Magistrate First Class (JMFC) Prajakta P Patil in Pune has acquitted Purushottam Khedekar, founder of the Maratha Seva Sangh, and publisher Kishor Sahebrao Kadu. The case, dating back to 2011, involved allegations of promoting enmity between communities through a book titled 'Shivrayanchya Badnamichi Kendre'.
Background of the Case
The Bund Garden police registered the case on June 11, 2011, based on a complaint by Janwadi resident Shyam Satpute. The complaint alleged that three pages of the 55-page book contained objectionable remarks targeting a particular community. Khedekar, as the author, and Kadu, as the publisher, were charged under sections 153A (promoting enmity between communities) and 505(2) (statements conducing to public mischief) of the Indian Penal Code. Both individuals secured anticipatory bail from a city court on June 16, 2011, shortly after the case was filed.
Court's Ruling and Reasons for Acquittal
The court's decision to acquit the accused was based on the prosecution's failure to present key evidence. Despite repeated opportunities, the prosecution did not examine material witnesses connected to the publication and seizure of the book. The court noted that no oral or written arguments were advanced on behalf of the prosecution, even after multiple chances were given.
A chargesheet was filed in 2013, and the evidence stage commenced in 2017, with the state appointing two public prosecutors for the case. Defence counsel Milind Pawar stated, "The court held that there was no credible evidence to establish that the contents of the book led to enmity or disturbance between communities, leading to the acquittal of Khedekar and Kadu."
Implications and Legal Context
This acquittal highlights the importance of robust evidence in cases involving allegations of promoting community enmity. The court's emphasis on the prosecution's inability to prove its case underscores legal standards for such charges. The ruling may set a precedent for similar cases, emphasizing that mere allegations without substantial proof are insufficient for conviction.
The case has drawn attention to issues of freedom of expression and legal accountability in publishing, particularly in sensitive matters involving community relations. The acquittal brings closure to a long-standing legal battle for the accused, who have maintained their innocence throughout the proceedings.
