NEW DELHI,
India, 17 April, 2015 - Delhi High Court today asked MNS chief
Raj Thackeray to refrain from making statements against non-Maharashtrian
people as it reserved order on his plea for quashing of summons issued against
him for allegedly making a hate speech in 2012.
"No one has a problem
with any individual promoting his state or language. You promote Maharashtra,
no one has problem with that, but don't interfere in the rights of
others," Justice Manmohan Singh said.
The bench observed
"everyone has their own rights and he (Thackeray) should not say such
things against the people of Uttar Pradesh, Bihar and Jharkhand." He added
During the hearing
Arunabh Chowdhury, counsel appearing for the Maharashtra Navnirman Sena (MNS)
head, said no prior sanction for prosecution from the Centre or the state was
taken under section 196 of CrPC, before the magistrate took cognizance of the
offence of promoting enmity between different groups against his client under
sections 153 (a) and 153(b) of the IPC.
He argued that even
the police has filed a closure report in the case but magistrate rejected it
and summoned Thackeray.
"This summoning
order is bad in law and no requisite procedure was followed and is without any
jurisdiction. This summoning order as well as the FIR lodged at Dwarka police
station should be quashed," he said.
When the bench asked
the counsel for Thackeray whether a probe is being carried out in the case, he
replied in affirmative and said no hate speeches were given by his client in
Azad Maidan or at any other instance.
Complainant Mithilesh
Kumar Pandey, on whose complaint the summons were issued by the court, accepted
that there is a mandatory provision for prior sanction from Centre or state
government for summoning any accused for these offences.
"There are more
than 173 FIRs pending against Thackeray with respect to hate speeches and he
has never appeared before any court, or no one from MNS has appeared. Trial
should not be stalled in the matter. Summons can be held back for some time
till the requisite sanctions are received," Pandey said. - PTI
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