Bombay HC Dismisses Nikhil Bhamre’s Plea to Club Several FIRs Registered Against Him

Bombay High Court Law Insider

Khushi Gupta

Published on: June 8, 2022 at 16:20 IST

The Bombay High Court on Monday refused to grant urgent relief to 22-year-old Nikhil Bhamre who is presently in Judicial custody after he was arrested by Thane police for putting objectionable tweets against Nationalist Congress Party (NCP) Chief Sharad Pawar.

Bhamre’s lawyer Advocate Subhash Jha cited several Supreme Court judgments which had held that in the event there are multiple FIRs, those ought to be clubbed together and tried in one single place in the High Court.

A Bench of Justices SS Shinde and MN Jadhav opined that rights come with a set of “reasonable restrictions” to be followed.

“Whatever rights we assert are subject to restrictions. There are restrictions with fundamental rights. We have right to enjoy but not to interfere in someone’s right to peaceful life. Rights are subject to restrictions. Merely because I have rights doesn’t mean I exercise them without looking into restrictions,” Justice Shinde remarked.

Jha said that with the multiple FIRs having been filed, Bhamre may have to approach courts several times.

“But not every challenge can be taken up by constitutional courts,” Justice Shinde quipped in response.

The Bench posted the matter for hearing on Friday.

Bhamre was booked under multiple FIRs for allegedly committing offences under Sections 153, 153A, (Promoting enmity between groups) 500, 501 (defamation), 504 (criminal intimidation), 505, 506 (statements leading to public mischief) of the Indian Penal Code.

His Plea stated that filing of multiple FIRs against him, filed in an organised and synchronised manner for the same offence, was a gross abuse of process of law.

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