"78 Yrs Of Independence, People Are Educated & Wise": Bombay HC Permits Hindu Outfit To Felicitate Malegaon Blast Accused Pragya Thakur

Observing that after 78 years of independence, the Indian population is wise and educated, the Bombay High Court on Friday permitted a Hindu organisation to organise "Viraat Hindu Sant Sammelan" and confer the "Hindu Veer Puraskar" on right-wing extremist Pragyasingh Thakur, a prime accused in the 2008 Malegaon Bomb Blasts case.

A division bench of Justices Ravindra Ghuge and Ashwin Bhobe permitted - Hindu Sakal Samaj, to proceed with its function to be organised at Malegaon in Nashik district on March 30, the day when the State celebrates "Gudhi Padwa" (Marathi New Year).

The State had opposed the event on the ground that the speakers in the event are prone to making "inflammatory speeches" against other religions and thus the same can create a law and order situation. The State even cited the recent communal violence that took place in Nagpur district and the ongoing controversy with regards to the tomb of Mughal emperor Aurangzeb.

The State through Government Pleader Neha Bhide also pointed out that on March 31, the Muslim community will be celebrating the Ramzan Eid.

Notably, Pragya Thakur is currently facing trial in the 2008 Malegaon blasts case under terror charges and has been known for her inflammatory speeches against the minority community. The other speakers in the event are - Sangram Bhandare, Milind Ekbote and Swami Bharatanand Maharaj, all of whom are known for their fiery speeches.

However, the judges opined that after 78 years of India's freedom, citizens are "sufficiently" educated and wise to understand the self imposed limitations on what to speak and what not to.

"Wisdom should prevail and the Speakers would also ensure that as they express their thoughts, none of them would be directed against any other religion due to which the members of other religion would feel hurt," the bench made it clear.

In its 11-page order, the bench discussed India's progress in various fields including science and technology and even space, cited the successful Chandrayan mission etc. and India's pivotal role in United Nations, G20 and even the BRICS summit.

"With a young and dynamic population, India continues to shape the future of global trade, innovation and culture, reinforcing its status as a rising super power with a vision for inclusiveness and sustainable progress," the judges observed.

The bench therefore held that citizens should act responsibly showing wisdom and patriotism and allow people to profess their religion, customs and worship.

"Wisdom comes from understanding and harmony arises when we embrace that understanding with kindness and compassion. 'Live and Let Live' should be the hallmark of our character. True peace is found not in mere knowledge, but in the balance of the mind, heart and soul," the bench underlined.

The judges further noted the fact that after the 2008 blasts that shook Malegaon city, there has been no such communal violence in the area in the last 17 years.

It also accepted the undertaking given by the organisers that none of the Speakers of the event would deliver inflammatory speeches which are likely to incite adverse feelings amongst persons professing any religion.

"Such undertaking would not only bind the organising committee, but also the speakers who will be equally accountable. The Managing Committee of the organizer would be bound by the assurance given to the Court and the undertaking of expressing their thoughts and views without hurting any person who professes any other religion," the judges made it clear.

The judges therefore deemed it appropriate to permit the even from 7:00 AM to 5:00 PM.

"We also direct that the Police Authorities would earmark a particular route to the ground where the function would be arranged and ensure that it does not pass through a crowded and congested locality. Adequate police bandobast as may be deemed fit and proper by the law enforcing agencies, would be maintained. Any person violating the law and order norms or the undertakings given, should be proceeded against strictly in accordance with the procedure and the provisions laid down in law," the bench ordered.

Appearance:

Advocates Subhash Jha, Siddharth Jha, Ashish Saxena, Sumeet Upadhaya and Dhriseka Rao instructed by Law Global appeared for the Petitioner. Government Pleader Neha Bhide assisted by Additional Government Pleader BV Samant and Assistant Government Pleader AV Bhadang represented the State.

Case Title: Rahul Bacchav vs State of Maharashtra (Writ Petition 4335 of 2025)

Citation: 2025 LiveLaw (Bom) 119

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