Govt takes Thackeray at his word, files case

The DF government in Maharashtra today made its second attempt to book Shiv Sena chief Bal Thackeray for inciting communal passions, registe...

The DF government in Maharashtra today made its second attempt to book Shiv Sena chief Bal Thackeray for inciting communal passions, registering a case for his Dussehra rally speech where he urged Hindus to form suicide squads to combat terrorism.

‘‘Police have registered a case under IPC 153 and 153 A and an investigation is being conducted. They will seek the government’s permission for his prosecution,’’ Deputy CM Chhagan Bhujbal said. Under this non-bailable section, Thackeray could be imprisoned for up to three years.

Meanwhile, some relief for Tiger

Nagpur: Quashing the order by a Judicial Magistrate First Class (JMFC) from Katol near here, a Nagpur bench of the Bombay High Court has acquitted Shiv Sena chief Bal Thackeray of the charges levelled by a local Congress functionary in 1998.
The charges pertained to Thackeray’s remarks against Congress leader Sonia Gandhi and then Congress president, the late Sitaram Kesari, at an election rally at Katol on February 7.
The then District Rural Youth Congress president, Pratap Tate, had filed a police complaint against Thackeray at Katol. After the police told him that it was not a cognisable offence, Tate had moved the court of JMFC L.G. Vairagade.
Vairagade issued process against Thackeray under sections 500 (defamation), 504(disturbing peace by insulting individuals), 505(causing public nuisance) and 171(f) and (g) (poll-related offences). Thackeray had personally remained present before the JMFC on September 11.
The Sena chief had subsequently moved the HC, praying for quashing of the order.
The single-judge bench of Justice J.A. Patil, while acquitting Thackeray on Thursday, ruled that Tate had not sought the government’s permission required to file complaint under section 505 of the Indian Penal Code. Similarly, none of the sections invoked by the complainant is applicable to Thackeray’s speech as there are no complaints by Tate to those effects. Thackeray hadn’t made any accusations against the complainant, and as such, he (Tate) had no ‘locus standi’ in this case, Justice Patil also said in his judgement. ENS

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Asked if Thackeray could be arrested, Bhujbal said: ‘‘The question will come when police seek permission for a charge-sheet.’’ The process involves a police probe and submitting a report, which will be referred to the Law department. Finally, the Home department and the CM will decide. ‘‘It may take two days, even two months,’’ Bhujbal said.

Leader of Opposition Narayan Rane said Thackeray is being ‘‘harassed’’. ‘‘If the government takes action they will have to pay for it. The Sena will expose the government’s failure on several fronts,’’ he warned.

The BJP too ran to Thackeray’s defence. General secretary Mukhtar Abbas Naqvi said the case was registered to draw political mileage, but criticised the statement nevertheless. ‘‘We don’t agree with his call to Hindus to form suicide squads but he was speaking in terms of terrorism. We can’t conclude he targetted the minority community.’’

In July 2000, the DF coalition used a seven-year-old case relating to editorials in Sena mouthpiece Saamna to put Thackeray in the dock. A metropolitan court dismissed the case, saying the sanction to prosecute came after the stipulated three-year period. The state’s appeal is pending in Bombay High Court. (With ENS, New Delhi)

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