Advocates Mihir Desai and Chetan Mali represented the Urdu daily's editor in court. "My life is in danger," said Desai, on her behalf. He also said the objection was not to the article but to the cartoon "because some people felt hurt". "An apology was carried the very next day. From January 19 we have closed down," he said.
Public prosecutor Sandeep Shinde said five FIRs are registered against Dalvi in Mumbai, Thane and Malegaon. Desai said she has got pre-arrest and regular bail in two and is unaware about the others. "Notices are pasted on my door. I can't go home. My children can't go home. I fear I will be lynched," he implored on Dalvi's behalf again.
Shinde said the "best remedy" would be that whenever an FIR is registered, it be transferred to one police station since the investigation is related to one offence. With regard to her plea for quashing section 295 A, he said an offence under it is cognizable and he will address the court on the provision, including intent to hurt sentiments.
Shinde also told the bench that Dalvi was aware of the consequences of republishing the cartoon. "Ultimately, the petitioner knew what happened in France. It was well within her knowledge that the same cartoon created some trouble in France," said Shinde. He sought time till Wednesday to take instructions with regard to which police station all FIRs can be transferred to.
The bench then directed that "until then no coercive steps shall be taken in respect of the offence allegedly committed by the petitioner in respect of the article''.
Dalvi's petition said freedom of speech was a fundamental rights under Article 19(1)(a) of the Constitution, adding, "Also while she was well within her right to publish an article with the cover page of one of the Charlie Hebdo magazine to inform her readers of what the Pope stated, as soon as she was told that a section of the Muslim community may feel offended, she tendered an apology."
Dalvi also said in her petition that while other editors have come out in support of her, she has had to face great amount of hardship. "The petitioner has been subject to menacing phone calls and visits, and has received death threats. In these phone calls she has been threatened for life. She does not have any information on the people who called and threatened her life," her petition states.
Dalvi's petition said she can't live under constant threat of arrest. Her children need to return home in order to resume their studies. It also said that she is "facing great inconvenience as she is unaware of the number of FIRs filed against her and cannot travel all over the state to comply with all the proceedings given the threat to her life."
(With inputs from Mohammed Wajihuddin)
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