July 7: The Bombay High Court today rejected the petition seeking a Central Bureau of Investigation (CBI) inquiry into 24 cases filed against Shiv Sena supremo Bal Thackeray for his inflammatory speeches. The rejection was in `limini’, even before admission.
The division bench of Chief Justice M B Shah and Ranjana Desai ruled that the petition filed by Milind Vasudeo Yavatkar, a social worker, pertained to matters dating back to 1985. Also there were several alternative redressal fora for the grievances raised in the petition, they stated.
The judges said that aggrieved petitioners should have challenged the magistrates’ orders when the matters were being decided. Of the total 24 cases, six were withdrawn, two are pending trial in court, four pending investigation and 12 were classified. The petitioner has prayed that Thackeray be detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug Offenders Act. He claimed that the state government withdrew or refused to investigate the cases against him due to “political gains and extraneous circumstances”. Yavatkar’s counsel P Janardanan argued that police had illegally classified the cases. However, additional public prosecutor Rajiv Patil argued that as per the Bombay Police Act, the police were earlier empowered to classify the cases, until the recent the high court judgement which transferred the power to the magistrate. The Chief Justice also observed that even if the classification was done by the police, the petitioner could have objected when the summary of classification was filed by the respective magistrates.
The judges also said that the petition was vague and lacked necessary details like dates, reasons for withdrawal of cases and summary classification.