"No Link Between BMC's Alleged Malpractices And Uddhav Thackeray": Bombay High Court Dismisses PIL Seeking ED Probe With Cost

The Bombay High Court on Tuesday dismissed a PIL seeking CBI and ED investigation into the alleged "disproportionate" wealth of Maharashtra's ex-CM Uddhav Thackeray, his wife and two sons.

"We hold this petition is an abuse of the process of the law," a division bench of Justices Dhiraj Thakur and Valmiki Menezes said imposing Rs. 25,000 cost on Dadar residents Gouri Bhide (38) and Abhay Bhide (78).

The bench found the petition to be "bereft of any evidence", much less evidence which would give a basis to come to a conclusion that a prima facie case was made out for the CBI or any other agency.

"On a reading of the complaint it is clear that the petitioners are only speculating of the sudden rise and prosperity index of the private respondents from their humble beginning and therefore entertain a suspicion that the lifestyle of the private respondent could only be attributed to the corrupt practices of the BMC."

Earlier, the Maharashtra Government had informed the High Court that the Economic Offences Wing had initiated a preliminary inquiry on Bhide's complaint.

Bhide's PIL sought directions to the CBI and ED to "take cognisance of her complaint filed with Mumbai police and take the investigation in their hands".

The petition alleged Uddhav, his wife Rashmi and their son Aditya have never disclosed any "particular service, profession and business as their official source of income" and yet they have "huge properties in a metro city like Mumbai and in Raigad district, which may run into crores."

Senior Advocate Aspi Chinoy for Thackeray challenged the maintainability of the PIL. He said that the Cr.P.C. provides the procedure if no action is taken on the complaint. The procedure for criminal investigation cannot be departed from unless there are extraordinary circumstances, he said.

On merits, he said that the petition doesn't give any specific facts based on which criminal proceedings can be initiated. Shiv Sena's publications Samna and Marmik earned profits and other papers didn't; this cannot be a reason to initiate criminal proceedings, he contended.

Senior Advocate Ashok Mundargi for Rashmi Thackeray argued that central agencies cannot be involved from the start. There has to be a prima facie cognizable offence, which is not made out in the present case, he argued. He further said that prayers made on suspicion have no value.

The petitioners Gouri Bhide and her father Abhay Bhide are residents of Dadar, a stronghold of the Sainiks for several years. They had briefly printed Shiv Sena supremo, Bal Thackeray's weekly during the emergency. Their petition also raises questions regarding land plots given by the Maharashtra Government owned CIDCO for a trust Prabodhan Prakashan (owner and publishers of Saamna newspaper).

Case no. – CRPIL/17/2022

Case title – Gouri Abhay Bhide and Anr v. Union of India and Anr.

Citation: 2023 LiveLaw (Bom) 140

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