The Bombay High Court on Thursday quashed a Maharashtra court’s decision to deny discharge to Maharashtra Navnirman Sena (MNS) chief Raj Thackeray in a 2008 agitation case.
In 2008, the incident took place throughout Maharashtra districts, during a state-wide agitation by MNS workers seeking preference for Maharashtrian youth in railway jobs.
In connection with this movement, Thackeray was detained.
His party workers carried out further agitation protesting their chief’s arrest.
In one such FIR registered at Sangli in 2008 alleging unlawful assembly and breach of peace, Thackeray filed a discharge application in 2013 at the stage of framing of charges.
The application was filed before a Magistrate who rejected the application and summoned Thackeray to appear for framing of charges.
When Thackeray failed to appear, the Magistrate issued a non-bailable warrant against him.
Thackeray challenged the rejection of discharge plea before a Sessions Court at Islampur, Sangli.
The sessions judge also dismissed it, prompting the current High Court petition.
Senior Counsel Rajendra Shirodkar, who represented Thackeray, pointed out that the sessions judge’s ruling lacked sufficient rationale and did not relate to the information supplied to it in the chargesheet.
Opposing the plea, the additional public prosecutor claimed that discharge could only be decided after all witnesses had been deposed.
After hearing both parties’ arguments, the bench quashed and set aside the sessions court order and directed that the discharge petition be heard again.
The single bench further asked the sessions court to consider the non-bailable warrant if and when Thackeray seeks a stay on the same.
