The Supreme Court on Monday set aside a Bombay high court decision convicting Shiv Sena chief Bal Thackeray in a contempt case and sentencing him to two years' imprisonment.
A Bench comprising Justice Y K Sabharwal, Justice D M Dharmadhikari and Justice Tarun Chatterjee allowed Thackeray's appeal saying the HC had erred in convicting him on a contempt petition that had no consent of the then advocate general of Maharashtra.
The SC had laid down rules that if a private person wanted the court to initiate contempt proceedings against another, then the petition should have the consent of the concerned advocate general or attorney general.
The Nagpur Bench of the HC had convicted Thackeray in 1997 in the contempt case filed by Congress leader Harish Pimpalkhute.
Pimpalkhute alleged that the Sena leader had made false charges against a judge.
The apex court said that the final amount of Rs 2,000 deposited by Thackeray pursuant to the HC order would be refunded to him.