Mumbai, October 15, 2026: The sessions court on Thursday set aside the chapter proceedings initiated against a group associated with Shiv Sena (UBT) after its members protested against MLA Mangesh Kudalkar for joining the party led by Deputy Chief Minister Eknath Shinde.
In separate orders, the court granted relief to a group of Shiv Sena (UBT) members who were booked by Nehru Nagar police on June 23, 2022, for raising slogans against Kudalkar.
Preventive Action Challenged By Protesters
The chapter proceedings were initiated against them based on a case registered at Nehru Nagar police station, alleging that they might breach the peace and disturb public tranquillity. They were issued notices and asked to execute security bonds, a measure used in cases involving habitual offenders.
The group challenged the proceedings, claiming that they had the right to dissent through peaceful protest. They alleged that the proceedings had been initiated out of political vengeance and that the Special Executive Magistrate had not followed the prescribed legal procedure.
The prosecution, on the other hand, claimed that the order had been passed against them after an inquiry.
Court Finds Insufficient Grounds For Proceedings
The court noted that, under the law, the magistrate must be satisfied that sufficient grounds exist to believe that the appellants may breach the peace or disturb public tranquillity.
However, on perusing the records, the court found nothing beyond the proposal submitted by the police and the order passed by the magistrate. It said there was no evidence to establish grounds for initiating proceedings against the group.
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“Thus there is no ground to show that the appellant may cause breach of public peace or disturb public tranquility. Merely because the crime is registered cannot be sufficient cause for initiating preventive action,” the court said while quashing the proceedings.
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