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HC terms quashing of case against Thackeray 'improper'

Syed Firdaus Ashraf and agencies

The Bombay high court today termed as "improper" the dismissal of Bombay riots cases against Shiv Sena chief Bal Thackeray and admitted the state government's appeal against it saying "it was arguable."

Admitting a petition challenging the July 25 order by a Bombay magistrate closing the cases against Thackeray and two others for alleged inflammatory writings in the party's newspaper Saamna during the communal riots in 1992-1993, Justice Vishnu Sahai did not list the reasons for his order.

In a jam-packed court, Sahai observed he was not listing the reasons in writing in order to "prevent any prejudice during the final hearing of the case."

Elaborating orally on the prima facie reasons for admitting the appeal, justice Sahai said the local magistrate had "misconstrued" the word "cognisance" in the Criminal Procedure Code.

The magistrate had also failed to consider the three options of granting judicial custody, police custody and bail as was required in a case based on a remand application, the judge said.

Stating the third reason of propriety, he said that "justice should not be just done but should also appear to be done," which apparently did not happen in this case.

Thackeray was discharged on July 25 by the Additional Chief Metropolitan Magistrate P Kamble on the ground that the case filed against him by the state government under section 153 (A) of the IPC was "time barred."

Blindsiding the prosecution, Samajwadi Party leader Abu Asim Azmi, who was also proceeded against by the state government, moved the court seeking the quashing of court action against him. The court has directed that his petition too be heard simultaneously, along with that of Thackeray.

Counsel for prosecution P R Vakil, however, said he was not aware of Memon's petition.

The actual hearing in the matter, he said, could be held anytime, "maybe within 2 years," and that he would be approaching the chief justice to have the matter expedited.

Tuesday's hearing lasted one hour, with the defence counsel not present. However, leaving nothing to chance, the police was present in full strength, to prevent any possible trouble from the Shiv Sena workers who had turned up. No Union minister from the Sena was present in the court either.

EARLIER REPORTS

Bombay HC to hear Thackeray case on August 8
Govt challenges court order discharging Thackeray: PTI
The full coverage of Thackeray's prosecution

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