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HC stays summons against Thackeray: PTI

The Bombay high court bench in Nagpur has stayed for a week the operation of a lower court order that issued summons against Shiv Sena chief Bal Thackeray and two others, asking them to appear in person on August 17.

Justice S G Mahajan stayed until August 23 proceedings of judicial magistrate first class, who had issued the process on July 15, against Thackeray and two others for alleged inflammatory articles in the party's mouthpiece Saamna. Acting on a complaint by local activist Kishore Kanhere, the JMFC issued summons against the trio for allegedly publishing defamatory articles against Deputy Chief Minister Chhagan Bhujbal after police firing on a Dalit mob at Ramabai Ambedkarnagar in Bombay on July 11, 1997.

The complainant also alleged that Thackeray, Desai and aut had committed offences under Section 153-a and 153-b of the IPC (inciting communal passions and prejudicing national integration).

Thackeray's counsel Sunil Manohar argued that the JMFC had exceeded his jurisdiction by issuing process against the Sena chief. He also questioned the locus standi of the complainant by raising a grievance on behalf of Bhujbal.

Only the aggrieved person (in case of defamation) could file a complaint under Section 500 IPC. In this case, Bhujbal had not filed the complaint and hence the JMFC had erred in issuing the process, Thackeray's counsel argued.

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