Bombay high court to hear Raj Thackeray's plea for quashing FIR on August 21

The Bombay high court on August 21 will hear a petition filed by Maharashtra Navnirman Sena (MNS) chief Raj Thackeray seeking to quash a case against him in a Kalyan court. Thackeray is facing the charge of staying in the area 48 hours prior to 2010 civic elections.

A bench of justices VM Kanade and PD Kode observed that this matter should be heard at length and, accordingly, adjourned the hearing to August 21.

Thackeray's lawyer Sayaji Nangre said the Maharashtra Election Commission had issued a notice in October 2010 under the Representation of People's Act, which restricts the stay of political leaders in the area of municipal elections 48 hours prior to the polls.

Nangre pleaded that only a notice had been served to his client by the authorities. In order for it to constitute an offence, an order should have been issued, he argued.

The MNS chief had gone for electioneering to the municipal Kalyan-Dombivli area where the polls were slated to be held on October 31, 2010.

The deputy commissioner of police had also served him a notice under section 149 of CrPc informing him that he was a political leader and after October 29 could not stay in that area. However, Thackeray had stayed there until October 30 afternoon.

The police had filed a charge sheet in a Kalyan court, charging him with committing an offence for overstaying in the area. Thackeray had then moved HC challenging the proceedings in the trial court.

Nangre argued that staying in the area 48 hours prior to the election by itself was not an offence. It can be disobedience of the notice, but that does not constitute an offence unless there is a riot or break down of law and order situation, he pleaded.

Arguments by the petitioner will continue on August 21. The state has not yet argued.