Bombay High Court Quashes Case Against Raj Thackeray For Abetting Violence And Public Property Damage In 2008

The Bombay High Court on Thursday quashed a criminal case against Maharashtra Navnirman Sena (MNS) chief Raj Thackeray for alleged abetment of violence and public property damage arising out of a stone pelting incident in 2008.

Justice Nitin B Suryawanshi of the Aurangabad bench set aside lower court orders refusing to discharge Thackeray in a case involving MNS supporters allegedly attacking a state transport (ST) bus during a protest demanding his release from custody.

“In absence of any material on record to show instigation on the part of petitioner in the present crime, charge against petitioner is groundless and Trial Court as well as Sessions Court have failed to appreciate this vital aspect and have erred in rejecting prayer of petitioner for discharge. The impugned orders are therefore unsustainable in law and facts of the case”, the court held.

Thackeray was facing charges under sections 143, 341, 336, 337, 427, 109 of IPC, Section 3 and 4 of Prevention of Damage to the Public Property Act, section 135 of Bombay Police Act and section 7 of Criminal Law Amendment Act. These charges stemmed from an incident on October 21, 2008, where he allegedly incited violence resulting in damage to public property.

In 2008, Thackeray spoke against migrant workers from Bihar and Uttar Pradesh taking jobs in Maharashtra, which he said were meant for the locals. Various cases were registered against him for allegedly inciting his party members, who assaulted several North Indian candidates appearing for a railway recruitment test in Mumbai.

He was arrested, and before his release, intermittent outbreaks of violence erupted throughout the state, demanding his freedom. The present case involved one such incident.

The prosecution's case was that on October 21, 2008, Thackeray's co-accused obstructed an ST bus on the route from Karmala (Solapur District) to Tuljapur (Dharashiv District) at Sonari Karmala T-junction, pelted stones at the bus, and damaged its front window. Subsequently, the co-accused damaged three more ST buses at the same location. The co-accused allegedly invoked Thackeray's name in slogans while committing these alleged acts.

Thackeray moved an application for discharge under Section 239 of CrPC, which the Judicial Magistrate First Class, Paranda dismissed on May 12, 2023. He then challenged this order through a revision application which was also dismissed by the Additional Sessions Judge, Paranda on November 4, 2023. Thus, he filed the present writ petition before the High Court.

Thackeray contended that he was not present at the scene of the offence on the mentioned date. Further, the prosecution failed to produce any evidence, such as a provocative speech by Thackeray, to establish abetment of the crime, he argued.

The prosecution supported the impugned orders, arguing that the slogans raised by the co-accused, invoking Thackeray's name, indicated his involvement in the offence.

Upon examination of the charge sheet and witness statements, the court found no evidence linking the petitioner to the alleged crime. There was no speech annexed to the charge sheet, nor did any witness claim to have heard such a speech, the court noted.

The court referred to previous decisions where similar allegations against Thackeray were dismissed due to lack of evidence establishing abetment. It concluded that the charges against him were groundless, and both the Trial Court and Sessions Court had erred in rejecting the discharge application.

Consequently, the court allowed the writ petition, quashed the impugned orders dated November 4, 2023, and May 12, 2023, and set aside the criminal proceedings against Thackeray.

Case no. – Criminal Writ Petition No. 299 of 2024

Case Title – Swararaj @ Raj Shrikant Thackeray v. State of Maharashtra