The case was linked to an attack on a State transport bus, where the front glass was damaged after stones were thrown. Authorities alleged that the attack happened because of a speech given by Thackeray, which supposedly incited his followers.
Bombay: The Bombay High Court has dismissed a criminal case against Maharashtra Navnirman Sena (MNS) Chief Raj Thackeray related to a 2008 stone pelting incident in Beed, Maharashtra.
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The case was linked to an attack on a State transport bus, where the front glass was damaged after stones were thrown. Authorities alleged that the attack happened because of a speech given by Thackeray, which supposedly incited his followers.
A Bench at the Aurangabad High Court, consisting of Justice Vibha Kankanwadi and Justice Sanjay Deshmukh, ruled that since Thackeray was not present at the location of the incident, he could not be held responsible for the actions of his followers.
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The court noted that the prosecution’s case against Thackeray was based only on Section 109 of the Indian Penal Code (IPC), which deals with abetment. However, the charge-sheet did not contain any proof that Thackeray had directly instructed his followers to damage public property.
The Bench observed: “Actual mischief or damage to the public property cannot be on the basis of abetment because in the speech there could not have been a specific direction to the party workers or followers that they should go and cause damage to the public property.”
The court further stated that making Thackeray face trial under such weak circumstances would be an abuse of the legal process.
The case was filed after an incident that took place on October 22, 2008. A State transport bus traveling from Parali to Gangakhed was reportedly attacked by a group of individuals who pelted stones, damaging its glass. The authorities claimed that the attack was a result of a provocative speech given by Raj Thackeray, in which he allegedly incited violence.
Based on this claim, Thackeray was charged under the following sections:
- Section 143 (Unlawful assembly)
- Section 427 (Mischief causing damage to property)
- Section 336 (Endangering personal safety of others)
- Section 109 (Abetment) of the IPC
- Sections 3 and 4 of the Prevention of Damage to Public Property Act
- Section 135 of the Bombay Police Act
Raj Thackeray’s lawyer argued that he was not physically present at the scene of the incident and that there was no solid evidence linking him to the attack. The defense maintained that Thackeray was wrongly charged based on assumptions that his speech led to the stone-pelting incident.
The lawyer also highlighted that Thackeray had previously filed for discharge from the case in 2017, but the plea was rejected. Due to a miscommunication between Thackeray and his former lawyer, he was unable to challenge the rejection at that time.
On the other hand, the prosecution opposed the application, arguing that Thackeray had delayed his appeal and had already exhausted all legal options available to him.
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After considering all arguments, the Bombay High Court ruled in favor of Raj Thackeray, stating that the case against him lacked substantial evidence. The court concluded that there was no basis for making him stand trial for the alleged offense.
- Raj Thackeray’s legal team: Senior Advocate Rajendra Shirodkar, instructed by Advocate AS Shejwal.
- State’s legal representative: Additional Public Prosecutor GA Kulkarni.
- Informant (bus driver): Represented by Advocate NB Narwade.
[ Case Title: Raj Thackeray v State of Maharashtra]
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