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This is an archive article published on February 4, 2010

HC asks state: What action on Thackerays,Rane for vandalism?

The Bombay High Court on Wednesday pulled up the state government for its failure to take action on top party leaders who allegedly instigated violence.

The Bombay High Court on Wednesday pulled up the state government for its failure to take action on top party leaders who allegedly instigated violence.

The court asked the state if it has prosecuted Bal Thackeray,Uddhav Thackeray,Raj Thackeray and Narayan Rane for vandalism on public and private properties,allegedly led by their parties’ activists,on a number of occasions last year.

A division bench of acting Chief Justice J N Patel and Justice B R Gavai is hearing a PIL based on a letter written by former IPS officer Julio Rebeiro. He had demanded that compensation be recovered from the culprits in four recent incidents of vandalism in Mumbai: at Hotel Intercontinental allegedly led by Shiv Sena’s Sanjay Raut,at Bombay University and a beauty parlour allegedly led by MNS activists,and at a Navakal office allegedly by Narayan Rane’s supporters.

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“Have you prosecuted Balasaheb and Uddhav in the Intercontinental matter?” Justice Patel said. “Have you prosecuted Rane or Raj Thackeray in the other incidents?”

Assistant government pleader Niranjan Pandit submitted that chargesheets have been filed against the leaders who led the mobs,and that compensation has been granted in two cases.

“If you don’t want to prosecute leaders then let the state give compensation,” Justice Patel said.

Justice Patel pointed out that there are Supreme Court guidelines to tackle such issues. Pandit argued that the guidelines say nothing about prosecuting top leaders.

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“If people have done it on their own then specify that,” the judge said. “Balasaheb will have to think now. People are doing such things in his name.”

The court said the state can book leaders for criminal conspiracy. “How will you come to know unless you interrogate the culprits? Or you can tell us you won’t take action against the leaders and we will record the statement,” Justice Patel said.

The court has directed the Additional Chief Secretary (Home) to explain the government’s stand regarding prosecution of leaders and the status of the investigation within two weeks.

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