Mumbai riots -- Bhujbal action against Thackeray

Mumbai riots -- Bhujbal action against Thackeray
EXPRESS NEWS SERVICE

MUMBAI, JULY15: Deputy Chief Minister Chhagan Bhujbal today rocked the political boat by ordering the prosecution of Shiv Sena Chief Bal Thackeray under Section 153 (A) of the Indian Penal Code in a case that dates back to 1992 for inciting communal feelings. Shiv Sainiks reacted almost instantly, forcibly shutting down shops across the city, stopping the local trains at some places, forcing movie audience out and announcing a bandh on Sunday.

The case, filed in the Dadar police station during the 1992-93 riots, relates to the venemous editorials penned by Thackeray at the height of the riots. It was the only one of the 14 cases against him that survived the Sena-BJP rule, the rest having been withdrawn by his government.

Bhujbal, used a clever ploy to get even at his one-time mentor and now vicious enemy, making it almost look like it was the Sena that had forced his hand. He did this by simultaneously granting the police permission to prosecute his party's ally and state Samajwadi Party chief, Abu Asim Azmi, also under the same charges.

The Shiv Sena had raised a stink in the last Assembly session after it produced audio cassettes of a speech by Azmi where he had made certain remarks about the country. The Sena demanded that Azmi be arrested for spreading communal hatred. After many days of walk-outs and protests, the government handed over the tapes to the CBI for verifying if the comments attributed to Azmi were actually made by him.

After the CBI confirmed that it was indeed Azmi's voice, Bhujbal turned the Sena's evidence and arguement against itself: Since the Sena was forcing his hand to take action against Azmi, it was only fair that he granted permission to prosecute Thackeray whose file has been pending for years.

``The decision to prosecute Azmi was taken after the government received a report from the CBI confirming his voice on audio cassettes recorded at a meeting in Mumbai where he made some alleged anti-national remarks. On the other hand, the police had already sought the government's permission to prosecute Thackeray for the inciting editorials which appeared in Saamna (Sena's mouthpiece edited by Thackeray) during the communal riots of 1992-93,'' Bhujbal argued.

Bhujbal refused to disclose if and when Thackeray would be arrested. ``I have ordered the prosecution. Now the police will take action in appropriate time,'' he said.

An offence under section 153 is congnisable and non-bailable one and the police will have to arrest Thackeray and Azmi after registering the cases.

When asked if the government was prepared to deal with the law and order problem arising out of Thackeray's arrest, Bhujbal said: ``The government and the Mumbai police are capable of containing any trouble while taking action as per the law. No one is bigger than law. I will not take revengeful action against anyone nor will I show favour to anyone,'' he declared.

Thackeray will be prosecuted for two editorials and some articles which appeared in Sena's mouthpiece during the 1992-93 communal riots. The police had reigistered offense after they appeared in the newspaper but the file was pending with the home department since then, waiting for the government's approval.

Under Section 153 A of the Indian Penal Code, a person can be prosecuted for, `promoting enmity between different groups on the grounds of religion, race, place of birth, residence, language, etc and doing acts prejudicial to maitenance of harmony.' It is punishable with imprisonment of up to three years with or without fine.

Reacting to the decision, Azmi alleged that the government was acting under pressure from the Shiv Sena. ``The police have already submitted a report saying that I did not make any anti-national remarks. I will prove my innocence in the court,'' he said.

Thackery himself did not react till late at night, though he is learnt to have called an urgent meeting of party seniors. Nephew Raj Thackeray, however, called the decision ``suicidal'' for the government.