Bombay HC grants interim protection from arrest to Shiv Sena leader Waman Mhatre

Bombay High Court grants interim protection to Shiv Sena leader Waman Mhatre accused of derogatory remarks against journalist.

The Bombay High Court on Friday (August 30, 2024) granted interim protection from arrest to Shiv Sena (Eknath Shinde faction) leader Waman Mhatre in a case of passing allegedly derogatory remarks against a woman journalist during the recent protests in Thane district’s Badlapur region over the sexual abuse of two children in kindergarten. 

Single Bench judge, Justice Sandeep V. Marne said, “Considering the nature of offences levelled against him [Mr. Mhatre], in my view the applicant deserves interim protection. Was it his intention to humiliate her caste? It may be to humiliate her personally, but can it be said it was said to humiliate her caste? Prima facie, it does not appear that the utterances were to humiliate the caste of the complainant. Till the next date of hearing in the event of arrest, he [Mr. Mhatre] shall be released on anticipatory bail. He shall appear before police and cooperate with the probe.” The Bench posted the matter to September 4 for further hearing.  

On August 21, the journalist lodged a First Information Report (FIR) against the politician claiming he had passed derogatory and offensive remarks against her while she was reporting on the Badlapur protests. The complaint said Mr. Mhatre had called her [the journalist] that she was acting ‘as if she herself had been raped.’ 

The Shiv Sena leader was booked on August 22, 2024, under the Bharatiya Nyaya Sanhita and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Denying all the allegations, Mr. Mhatre in his plea said he only reached out to the journalist advising and requesting her to not publish false information that could provoke the protests.  

Earlier this week, Mr. Mhatre approached the High Court with grievances, claiming that the sessions court was neither hearing his pre-arrest bail plea that was filed on August 22, 2024, nor granting him interim protection. He also claimed that the sessions court had adjourned his plea on multiple occasions and had scheduled a hearing on August 29, 2024.   

On August 27, the High Court disposed of the appeal and directed the Kalyan sessions court in Thane district to decide Mr. Mhatre’s application on August 29 and submit a report by the same evening. The court also observed that if the lower courts do not decide such matters, then the High Court is burdened with such matters. On Friday [August 30, 2024], Mr. Mhatre filed another appeal in the High Court challenging the order of pre-arrest bail refusal by the Kalyan sessions court on August 29.