Maharashtra: FIR against Vasai lawyer for sharing Dhruv Rathee video

Adesh Bansode, advocate and state secretary, CPI (ML). Pics/Hanif Patel

The Vasai-based Manikpur police have registered an FIR against a lawyer, Adesh Bansode, for sharing a video critical of Prime Minister Narendra Modi by YouTuber Dhruv Rathee on a WhatsApp group accompanied by a message urging viewers to watch the clip before voting. Bansode has been practising at Palghar district's Vasai court for years and is also a state secretary of the Communist Party of India (Marxist-Leninist). Rathee uploaded the video, The Narendra Modi Files: A Dictator Mentality?, on May 19, and it has garnered 14 million views.

YouTuber Dhruv Rathee

In the video, Rathee alleged that Modi was misleading citizens by using various tactics to gain their trust and votes. The video has been widely shared on WhatsApp, Facebook, Instagram and other social media platforms by lakhs of viewers. The complainant, Jayant Walinjkar, an advocate from Vasai, approached the Manikpur police after Bansode shared the video on the group ‘Bar Association of Vasai' around 12.42 pm on May 20, when Mumbai and Thane district had gone to the polls.

‘FIR is illegal'

Bansode told mid-day it's not a crime to share videos and that the FIR against him is illegal. He said, "Dhruv Rathee, who created the video, has not been booked by Manikpur police, but they have booked me for just sharing it. Then, the Manikpur police should also register FIRs against crores of people who have shared the video."

Advocate Adesh Bansode, state secretary, CPI (ML). Pic/Hanif Patel

"The Manikpur police didn't follow the law. They registered the FIR under Section 188 of the Indian Penal Code (Disobedience to an order duly promulgated by a public servant). Under this section, the police don't have direct rights to register the FIR. The complainant must approach the magistrate under Section 195 of the CrPC. In such cases, the magistrate conducts an inquiry and then orders the cops to register an FIR. The police may have acted hurriedly to avoid following the proper procedure," Bansode said.

Denying that he had violated any election guidelines, he said, "Yes, I posted the video, but I didn't mention ‘don't vote for PM Narendra Modi' anywhere. Rathee has 27 million subscribers, and this video was already seen by more than 149 million people, and many of them shared it on social media platforms. I will protest against the Manikpur police until they withdraw the FIR against me."

Other side

Speaking with mid-day, Walinjkar, the complainant, said, "I gave a written complaint to Manikpur police, and they registered a suo-motu FIR against Bansode after the investigation. The police registered the FIR under IPC Sections 171(F), 171(G) and 188 and Section 123 of the Representation of the People Act 1950, 1951 and 1989."

Dhruv Rathee

"On May 20, the Lok Sabha election was held in Palghar and other areas. Mira-Bhayander Vasai-Virar (MBVV) Commissioner of Police Madhukar Pandey issued an order to maintain peace and ensure the smooth unfolding of the Lok Sabha election. This order was valid from 6 pm on May 18 to midnight on May 20, 2024, to avoid unwanted incidents during the poll. Bansode violated the commissioner's order by circulating this video. This video was circulated with the intention to create a wrong image of the candidate to influence voters. The suo-moto FIR was registered by Manikpur police only," Walinjkar said. He added, "I am not connected with any political party. Bansode posted a video that is against Narendra Modi, who is prime minister of India. Every Indian citizen should respect the PM."

Police Speak

Senior Inspector Raju Mane of Manikpur police station said, "We have followed all procedures. We even watched the entire video and it is purely against PM Narendra Modi. We received a complaint from Walinjkar, who is also on this WhatsApp group. After verifying everything, we registered an FIR against Bansode for violating the model code of conduct. Bansode also disobeyed the MBVV police order. This is a bailable offence. We have not arrested him so far." Asked why the cops didn't book Rathee, Mane replied, "We will check the date [when the video was uploaded] and take action appropriately."

May 19
Day Bansode shared clip