The Bombay High Court,hearing a petition of Shiv Sena leader Sitaram Dalvi expressing inability to pay the compensation for damage caused to Hotel Intercontinental when a group of men he had led turned violent in January,on Monday observed that the amount could be realised by attaching Sena property. Dalvi,who had led a morcha of Bharatiya Kamgar Sena (BKS) men to the hotel at Sahar in protest against sacking of some employees,had said that he had no money to pay. Under the amended Bombay Police Act,the collector had earlier issued a showcause notice in March and a subsequent notice on October 10 asking Dalvi to pay the amount within 15 days. Division Bench of Justice J N Patel and Justice Amjad Sayed observed that Dalvi could pay the amount,Rs 7.8 lakh from the BKS fund. You should know who you are leading in a morcha. You will be responsible for whatever these people commit, Justice Patel said. The court said Dalvi could have settled the workers issue by due process of the law. You dont believe in law and take law into your hands, Justice Patel said,adding,We can ask the collector to attach Shiv Senas property. The court said the amount has to be paid. Dalvis lawyer had said he had already paid Rs 2 lakh but was finding it difficult to pay the remaining sum. When Dalvis lawyer said there were 41 others against whom an FIR was filed following the morcha on January 21,the court observed that Dalvi could ask them to share the amount,as it was a case of common intent. Today its Shiv Sena,tomorrow it might be the Congress or the NCP or some other new Sena,the court observed. Additional Public Prosecutor F R Shaikh had opposed the petition stating no relief can be granted in terms of compensation. The hotel doors,lobby and the kitchen were damaged. Sahar police had filed an FIR for unlawful assembly,forcibly entering the hotel and threatening workers who wanted to resume duty. He will have to reply if they can pay the amount. The court will hear the case on January 11, Shaikh said.
