Something said against a community by a member of other community cannot be a criminal offence, observed the Bombay high court on Monday.
The observations, made orally by justice VM Kanade in a petition filed by first time author Murzban Shroff who has been facing criminal cases for using the word ghati in his book, Breathless in Bombay.
Ghati is a derogatory term used to describe people of the Maharashtrian descent or Maharashtra region in India.
“In India, we have a tradition of one community saying something against the other community. It cannot be said offensive, it is our culture. It certainly does not become a criminal offence,” remarked Justice Kanade.
Reacting to the court’s remark, Mihir Desai, advocate for Shroff, said: “Even my colleagues call me Gujjubhai but I never take offence to it.”
Earlier, the court had directed the social service branch of Mumbai Police not to take any coercive action against the author.
The court was informed that although the NM Joshi Marg police station had closed a case against Shroff by filing a summary report, the magistrate in February directed further investigation into the case.
Shroff has moved the high court once more after a magistrate’s court directed further investigation into a private complaint registered against him by a social activist. He has sought quashing of the investigation.
Earlier, the high court had disposed of his petition seeking quashing the private complaint after the NM Joshi Marg police informed that the case against him has been closed.
The NM Joshi Marg police station on January 20 informed the Bombay high court that they “did not find any reason to prosecute the author and there is nothing offensive in the book”. The court was also informed that a summary report has already been submitted in the Magistrate’s court in order to close the case against the author.
Activist Vijay Murdas had filed an FIR against Shroff in February 2009. The complainant objected to certain dialogues in Breathless in Bombay.
The book includes 14 short stories. In one of the stories, House of Mine, the word ghati was used. The story revolves around occupants of a society, who face an eviction notice from the housing board.
The court will hear the case next week.
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