Raj to get to see India beyond Maharashtra : SC
The Supreme Court on Monday gave a go ahead to the Jharkhand Police to prosecute Maharashtra Navnirman Sena (MNS) chief Raj Thackeray for the alleged inflammatory speeches which had caused widespread attacks on north Indians in Maharashtra.
By ET Bureau |
NEW DELHI : The Supreme Court on Monday gave a go ahead to the Jharkhand Police to prosecute Maharashtra Navnirman Sena (MNS) chief Raj Thackeray for the alleged inflammatory speeches which had caused widespread attacks on north Indians in Maharashtra.
The court also asked the MNS supremo to appear before the concerned court to face any such trial.
A bench comprising Justice Arijit Pasayat and Justice MK Sharma rejected the plea of Mr Thackeray���s counsel who had sought direction of the apex court to exempt the MNS chief from personal appearance before the trial court. The court also dismissed Mr Thackeray���s petition challenging the territorial jurisdiction of the court to try him in connection with the alleged speech.
���These types of speeches could be tried anywhere,��� observed Justice Pasayat rejected the plea. ���In such cases, charge could be framed even on the basis of suspicion,��� further observed Justice Pasayat.
Senior counsel Rohington Nariman on behalf of petitioner was trying to impress the bench that under Section 482 of the CrPC, the concerned court lacked territorial jurisdiction to try the case against Mr Thackeray who is a resident of Mumbai.
Justice Pasayat, however, said: ���There is nothing in Section 482 (of CrPC) to debar the court to try it. If we consider it, then the provision of Section 197 will be redundant.���
The court also turned down Mr Thackeray���s plea that his speech was not intentional to create any division among the people.
In support of it, Mr Nariman picked parts of Thackeray���s speech. It was not a slur but to tell the people to show respect to the denizens of Maharashtra, submitted Nariman.
Mr Nariman also questioned the veracity of the complaint saying that it was lodged by a political activist of RJD and was based on a news item. The complainant had watched Mr Thackeray making such speech on a TV channel.
The Judicial Magistrate, Jamshedpur, had taken cognizance of the complaint and had summoned MNS supremo for offences under Section 153 A, 153 B and 504 of IPC.
Against it, Thackeray had moved the Jharkhand High Court which dropped the charges under Section 153 A and B of IPC but maintained the charges under Section 504 of IPC against the MNS chief.
It deals with intentional insult with intent to provoke breach of the peace. The MNS chief had challenged high court order in the apex court.
The court also asked the MNS supremo to appear before the concerned court to face any such trial.
A bench comprising Justice Arijit Pasayat and Justice MK Sharma rejected the plea of Mr Thackeray���s counsel who had sought direction of the apex court to exempt the MNS chief from personal appearance before the trial court. The court also dismissed Mr Thackeray���s petition challenging the territorial jurisdiction of the court to try him in connection with the alleged speech.
���These types of speeches could be tried anywhere,��� observed Justice Pasayat rejected the plea. ���In such cases, charge could be framed even on the basis of suspicion,��� further observed Justice Pasayat.
Senior counsel Rohington Nariman on behalf of petitioner was trying to impress the bench that under Section 482 of the CrPC, the concerned court lacked territorial jurisdiction to try the case against Mr Thackeray who is a resident of Mumbai.
Justice Pasayat, however, said: ���There is nothing in Section 482 (of CrPC) to debar the court to try it. If we consider it, then the provision of Section 197 will be redundant.���
ADVERTISEMENT
The court also turned down Mr Thackeray���s plea that his speech was not intentional to create any division among the people.
In support of it, Mr Nariman picked parts of Thackeray���s speech. It was not a slur but to tell the people to show respect to the denizens of Maharashtra, submitted Nariman.
Mr Nariman also questioned the veracity of the complaint saying that it was lodged by a political activist of RJD and was based on a news item. The complainant had watched Mr Thackeray making such speech on a TV channel.
The Judicial Magistrate, Jamshedpur, had taken cognizance of the complaint and had summoned MNS supremo for offences under Section 153 A, 153 B and 504 of IPC.
ADVERTISEMENT
Against it, Thackeray had moved the Jharkhand High Court which dropped the charges under Section 153 A and B of IPC but maintained the charges under Section 504 of IPC against the MNS chief.
It deals with intentional insult with intent to provoke breach of the peace. The MNS chief had challenged high court order in the apex court.
Download
The Economic Times Business News App for the Latest News in Business, Sensex, Stock Market Updates & More.
The Economic Times Business News App for the Latest News in Business, Sensex, Stock Market Updates & More.
Download
The Economic Times News App for Quarterly Results, Latest News in ITR, Business, Share Market, Live Sensex News & More.
The Economic Times News App for Quarterly Results, Latest News in ITR, Business, Share Market, Live Sensex News & More.
ADVERTISEMENT
