The Bombay High Court has declined to quash a 2020 FIR against local leader Bal Maharaj, also known as Santosh Dattatraya Koli, who is accused of sending “extremely offensive” messages in a WhatsApp group.
The court determined that Koli was aware his messages would hurt religious sentiments.
In a ruling dated October 16, a division bench consisting of Justices Sarang Kotwal and Neela Gokhale stated that the messages in question were not only offensive but also had the potential to harm religious feelings.
The court dismissed Koli’s petition to annul the FIR filed at the Ichalkaranji police station in Kolhapur in May 2020. He faces charges of promoting enmity between religious groups, deliberately insulting a religion, and criminal intimidation.
The case arose from a complaint alleging that Koli sent offensive messages to a WhatsApp group with 182 members from diverse castes and religions. Initially, Koli claimed the complainant had consented to quash the case, but the complainant refuted this in court, stating he had not given such consent.
The bench clarified that even if consent had been given, the nature of the offenses warranted the case’s continuation, as they were against societal interests.
The court emphasized that a straightforward reading of Koli’s messages reveals their offensive nature. “These messages have the effect of promoting enmity, hatred, and ill-will between two religions,” the bench remarked.
Koli argued that his messages should be viewed in context, claiming he merely responded to others in the group without any intent to offend.
However, the court rejected this defense, asserting that Koli was fully aware that members of the targeted religion were part of the group and that his messages were likely to offend them.
The court stated, “The messages had the tendency of creating public disorder and disturbance of law. Any person of reasonable prudence would feel offended by reading these messages.”
Ultimately, the court reiterated that Koli had committed serious offenses and must face the consequences, insisting that the investigation into the matter must proceed to its logical conclusion.
