Bombay HC quashes order refusing discharge to Raj Thackeray in 2008 case

The sessions court last month rejected Thackeray’s plea in a case where MNS workers had staged protests against Thackeray’s arrest in Mumbai, and a case under Indian Penal Code (IPC) sections related to unlawful assembly and breach of peace was registered against Thackeray and others.

Thackeray was arrested in October 2008 in complaints filed over the state-wide agitation by MNS workers demanding preference for Marathi youth in railway jobs.

The magistrate court in Sangli district on October 27, 2021, rejected the discharge plea filed by Thackeray in 2013 in one such First Information Report (FIR) registered at Sangli. It also rejected an application by Thackeray on October 15, last year. The magistrate summoned Thackeray to appear for framing of charges and when Thackeray failed to appear, the magistrate had issued a non-bailable warrant against him.

Thereafter, the MNS chief had approached the sessions court challenging the magistrate’s decision. However the sessions judge rejected Thackeray’s revision plea. Aggrieved by the same, Thackeray approached the Bombay High Court.

Senior advocate Rajendra Shirodkar for Thackeray argued that the sessions court’s order “lacked proper reasoning” and that the court “had not referred to the material submitted to it in the chargesheet” before passing an order.

The government lawyer opposed the plea and stated that the discharge plea could be decided after all witnesses in the matter had deposed. The court quashed and set aside the sessions court order and said the sessions court could consider the non-bailable warrant if Thackeray seeks stay on the same.