Mumbai Sessions Court Reinstates Case of Woman Assaulted While Sharing Biblical Messages
A sessions court in Mumbai has delivered a significant ruling emphasizing constitutional protections for religious expression, setting aside a magistrate's order that dismissed a complaint by a 64-year-old woman alleging assault by a mob while sharing Biblical messages. The court found the magistrate's reliance on a police inquiry report without allowing evidence from the complainant, Eunice Joseph, to be legally flawed.
Constitutional Freedom to Promote Religion Upheld
The sessions judge, Mujibodeen S Shaikh, explicitly stated that the Constitution guarantees every person the "freedom to promote his religion and religious thoughts." This principle formed the cornerstone of the court's decision to remand the case back to the trial court for fresh consideration after recording evidence from Joseph and her witnesses.
The judge criticized the magistrate for "directly believing the report of police who has refused to register the crime and acted partially," highlighting procedural irregularities that denied Joseph a fair hearing.
Details of the 2011 Incident in Bhandup
The case stems from an incident on April 9, 2011, in Tembipada, Bhandup, where Eunice Joseph and a friend were visiting residents to discuss the Bible. According to Joseph's complaint:
- While waiting for others, they were approached by Savubai Kahiravkar, who questioned their presence.
- The interaction escalated into an argument, with another individual, Pramod, throwing a religious picture to the floor and demanding if he should destroy his own Gods to worship another faith.
- Savubai and Pramod allegedly incited a mob of approximately 20 people to physically assault Joseph and her companions.
Despite seeking medical treatment and approaching Bhandup police, Joseph's complaint was not registered. Instead, police filed an FIR against her for trespass and hurting religious sentiments based on a counter-complaint by the respondents.
Legal Proceedings and Court's Ruling
In May 2024, Eunice Joseph moved the sessions court challenging the magistrate's order dismissing her complaint. The sessions court noted that the police had already refused to register her initial complaint, making their report unreliable for dismissal without evidence.
The judge concluded, "the impugned order passed by the Magistrate is not legal and proper and it is necessary to remit back to the trial court for considering the matter afresh after recording the evidence of complainant and her witnesses."
As a result, proceedings against Sarita Choube, Rakesh Choube, Savubai Khairavkar, and Pramod are now reinstated before the magistrate's court, ensuring a renewed opportunity for justice in this case involving allegations of mob violence and religious intolerance.
