Mumbai police gets nod to prosecute Thackeray

Mumbai police gets nod to prosecute Thackeray
PRAFULLA MARPAKWAR

MUMBAI, JULY 23: Even as an informal discussion on the compromise formula to avoid the possible arrest of Shiv Sena chief Bal Thackeray has begun, the Congress-led Democratic Front government today moved a step further by forwarding the permission required for initiating criminal proceedings against him to Commissioner of Police M N Singh.

``We have received the permisssion to initiate criminal proceedings against Thackeray. We will follow the process of law laid down under the Indian Penal Code as well as the Criminal Procedure Code,'' M N Singh said.

Singh was non-commital on whether Thackeray will be arrested or otherwise, saying, he will abide by the legal process, which will take about a week. ``As per the provisions of law, we will file a chargesheet against Thackeray. At this moment, I can't say whether Thackeray will be arrested or otherwise. No time frame has been fixed for the purpose,'' Singh told The Indian Express.

Singh, who had a prolonged meeting with senior police officials, said to maintain law and order in the metropolis, security has been beefed up. ``Besides our own police, we have also sought assistance from the neighbouring states,'' he added.

On the withdrawal of security personnel deployed at the central installations in the metropolis, Singh said, the government has officially informed the airport authorities as well as a section of other central government organisations that to maintain law and order in the metropolis, it will not be possible for it to provide manpower to them. ``The government has informed them, but unless alternate arrangements are made, we will not withdraw our forces from these installations,'' Singh said.

A former Director General of police said under the Indian Penal Code and Criminal Procedure Code, arrest in such cases is not mandatory, particularly when the investigations are complete. In the present case, the former DG said, Thackeray's detention was not required, since there is no possibility of his leaving the city to avoid prosecution. ``As per my knowledge, no further investigation is required, since the case is based on the reports published in the Saamna edited by him. Ofcourse, if it is for political reasons, then the government will settle the score by arresting him,'' the former DG pointed out.

Though an application for grant permission to prosecute Thackeray was pending before the government since April 23, 1994, permission was granted on July 15 for initiating criminal proceedings against him under section 153 (A) of the Indian Penal Code. However, the relevant papers along with the reasons for delay in granting permission were forwarded to the Commissioner of Police today.

According to a senior Shiv Sena leader, in view of the fluid law and order situation in the metropolis, government will not take a decision to arrest him. ``No doubt for obvious political reasons, the government has granted permission to prosecute Thackeray, but it will not arrest him. We feel that the Commissioner of Police will file a chargesheet against him and the decision on detention of Thackeray will be left to the court,'' the sena leader said.

Meanwhile, a senior Nationalist Congress Minister felt that if there was a compromise formula from a responsible Shiv Sena leader, the Congress-led Democratic Front government should consider it. ``We feel that if the compromise formula comes either from Thackeray himself or Union Ministers Manohar Joshi or Suresh Prabhu, the state government should give a serious thought to it,'' the Minister said.

One of the highlights of the compromise formula will be to drop the proposal to arrest Thackeray and instead a chargesheet should be forwarded to the court as has been followed in the Ayodhya case.

Under such circumstances, the moot question is that whether Shiv Sena will submit such a proposal, since that will mean complete surrender before the Congress-led Democratic Front government. ``I think that will not be proper. Since the decision has been politically motivated and that the case has been reoponed after seven years, there is no need for Thackeray or any of the central cabinet minister to surrender before them. Let them take any decision, we are prepared to face it,'' the Sena leader added.