While dismissing the petition of theatre personality Aleque Padamsee, the Supreme Court on Wednesday directed him to approach the local magistrate for registration of a criminal complaint against Gujarat Chief Minister Narendra Modi for allegedly delivering an inflammatory speech in Gujarat five years ago.

A bench of Justices Arijit Pasayat and P K Balasubramanyan said if the police did not lodge a complaint, the complainant could approach the magistrate under the Sections 190 and 200 of the CrPC for taking cognisance of the offence.

The magistrate is required to enquire into the complaint and after recording of evidence if prima facie evidence found, he is empowered to direct the police to investigate into the offence, said the court.

Inflammatory speech
In 2003, Mr Padamsee in a petition sought a direction to the Maharashtra Police to lodge an FIR against Mr Modi for giving an inflammmatory speech at Bechraji in Gujarat on September 9, 2002 during the Gaurab Yatra.

It is reported that Mr Modi in a public speech said his government was not inclined to set up relief camps for Muslims. The state was not going to help them as they were producing at least 25 children per couple. Many Muslim families had become homeless during the riot in the state in 2002.

Padamasee had approached the Azad Maidan police station in Mumbai to lodge the complaint, but the Maharashtra police did not take any action.

 On his insistence, the Maharashtra police had sent the copy of the complaint to Director General of Police of Gujarat, but no action was taken against Mr Modi, said the petition.