Order on Thackeray -- HC to hear State plea on Aug 8

Order on Thackeray -- HC to hear State plea on Aug 8
EXPRESS NEWS SERVICE

MUMBAI, AUG 4: The Bombay High Court will hear the State Government's petition challenging the dismissal of the case against Shiv Sena chief Bal Thackeray by the additional Chief Metropolitan Magistrate on August 8, 2000.

The matter came up before Justice Vishnu Sahai this afternoon for mentioning a date of hearing. The judge asked State counsel P R Vakil on which date he preferred the hearing. Vakil replied, ``Any day after Monday which will be a heavy day in court. We would prefer Tuesday.'' Sahai agreed on the day.

Vakil asked the judge to place the matter for urgent hearing as the case involved a point of law which is of interest to the police, politicians and public. Sahai acceded saying, ``It will be high on board, for urgent admission.''

The government has filed a petition seeking the quashing of July 25, 2000 order of Metropolitan Magistrate B P Kamble of the Bhoiwada Court who dismissed the criminal case against Bal Thackeray, editor Sanjay Raut and publisher Subhash Desai for Thackeray's allegedly inflammatory articles in party newspaper Saamna in 1993. The magistrate held the case to be time-barred.

The petition also questions the discharge of all the three from alleged offences registered against them under Section 153 A IPC (inciting communal passions through written or oral words). The petition argues that the magistrate considered the question of time limitation without having jurisdiction to go into it at the stage of remand itself.