Thackeray and the others have been directed to appear before the Magistrate on September 22, 1998. A complaint was filed by Azmi under sections 500 (defamation), 501 (printing or engraving defamatory matter), 502 (sale of matter) and 114 (common intention to defame) of the Indian Penal Code. The summons was issued by the magistrate after the recording of verification of the complaint and submissions of the counsels.

Azmi in his complaint strongly objected to the article titled Ha Azmi Kon (Who is this Azmi?) which was published in the daily on July 1, 1998 which he termed as `highly defamatory, mischievous and wholly false'.The article stated that the hands of Azmi are stained with the blood of the victims of the March 1993 serial blasts in Mumbai. The article further states that in the memory of over 500 victims a pillar should be erected on which Azmi should be hanged.

Counsel for Azmi, Majeed Memon and Abbas Kazmi pointed out to the court an annexure to the complaint which was the copy of the Supreme Court judgement ordering the discharge of Azmi from the bomb blasts cases on April 12, 1996. Memon further submitted that publication of such news not only injures the reputation of his client but it also highly `scandalising'. The matter has to be viewed with a serious perspective, he added.

The court had on July 14 admitted the defamation complaint and kept the matter for verification today. Earlier, Azmi stepped into the witness box to record his say. He claimed that the article had defamed him by lowering his image in the society.

The magistrate in his order observed that there was prima facie case against the accusedto be prosecuted under the sections of the Indian Penal Code.