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The Maharashtra government on Thursday filed a case against Shiv Sena chief Bal Thackeray under Section 153 (a) of the Indian Penal Code for making inflammatory comments.
Section 153 (a) deals with offences relating to the promotion of enmity between different groups on the grounds of religion, race and language, among others, and with acts prejudicial to the maintenance of harmony.
At the Shiv Sena's annual Dussehra rally in Mumbai on Tuesday, Thackeray had said, "Terrorist should be born amongst you too, but they must be suicide squads, ready to die for the cause of making this a Hindu Rashtra.
"I know tomorrow if you need to take on the Muslims head on, my sainiks will not lag behind. If suicide squads exist, the headstrong terrorists can be taken head-on."
Deputy Chief Minister Chhagan Bhujbal said, "Nobody is above the law. If Thackeray feels that he is not guilty then he should prove it in court."
It is a non-bailable offence. If convicted he can get imprisonment of three years. He is more Hindutvawadi than the BJP and the RSS. I have personally not heard the speech, but the police has heard it and they feel that he can be indicted under Section 153 (a)."
Bhujbal said he was going to send a copy of the speech to Prime Minister Atal Bihari Vajpayee to let him know how Thackeray was openly saying that he should be given control of the army.
"Now it is up to the prime minister whether he wants to give the control of Indian Army in his hands or not. Let the Central government also know what Thackeray is talking in his speeches," said Bhujbal.
He said the government would make sure that there was no law and order problem in case of Thackeray's arrest.
The Maharashtra government had filed a case against Thackeray under the same section in July 2000 for writing inflammatory articles in his party mouthpiece Samna in 1993. However, a lower court dismissed the case because of the time lag.
When pointed out that the Sena chief was repeating his statements, Bhujbal said, "By saying such things Thackeray wants to prove that he is more Hindutvawadi than the BJP and RSS. But I feel that he should not target any particular community in his speeches."
Meanwhile, Shiv Sena MP Sanjay Nirupam said the case was "politically motivated".
The party will fiercely fight the case legally and, if necessary, will come out on the streets, he said.
"Thackeray's speech was not inflammatory in nature and the Sena supremo was merely appealing to Hindus to protect themselves from the scourge of terrorism," Nirupam said.
"Balasaheb made the appeal as the government has failed to stamp out terrorism and ensure protection for Hindus," he added.
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