Mumbai: The Bombay High Court on Tuesday directed the Kolhapur sessions court to decide the anticipatory bail plea of former journalist Prashant Koratkar on its merits after hearing all parties. The high court clarified that it had not examined the merits of the case and that the sessions court should decide independently.
Koratkar is accused of making derogatory remarks against Chhatrapati Shivaji Maharaj and his son Sambhaji Maharaj, as well as allegedly threatening historian Indrajeet Sawant. The Kolhapur police registered a case against him under the Bharatiya Nyay Sanhita (BNS) for promoting hatred or enmity between groups.
Fearing arrest, Koratkar sought anticipatory bail from the sessions court, which granted him interim protection on March 1 and scheduled a hearing for March 11. The state challenged this relief before the high court, arguing that the accused had not cooperated with the investigation.
Public prosecutor Hiten Venegaonkar pointed out that while Koratkar was directed to surrender his mobile phone, he sent it through his wife. Upon examination, officers found that all data had been deleted. Venegaonkar asserted that the accused’s physical custody was necessary to recover crucial deleted data and that his conduct suggested tampering with evidence.
Koratkar’s lawyers argued that since the sessions court was already hearing the case, the state’s plea before the high court was not maintainable.
Justice Rajesh Patil stated that the sessions court should decide the matter without being influenced by any observations from the high court. Meanwhile, the Kolhapur police sought Koratkar’s physical presence during the hearing, but his defence cited security concerns and suggested a virtual appearance. The court will decide on this request on Wednesday.
