The Bombay high court on Monday rejected an application filed by Shiv Sena leader Uddhav Thackeray seeking in-camera trial in the dispute surrounding the will of his late father Bal Thackeray. The court observed that the matter cannot be given preferential treatment just because a public figure was involved.
The court has also not allowed Uddhav's plea to record the evidence of two attesting witnesses before recording the statement of the plaintiff (Anil Parab, a senior Shiv Sena leader). It has, however, allowed Uddhav to seek in-camera appearances by certain witnesses if he could substantiate with sufficient evidence.
The late Bal Thackeray's will dated December 13, 2011, had opened a can of worms with the HC framing various issues (questions) to be answered following allegations by his estranged son Jaidev Thackeray that the Sena supremo was not of sound mind while executing the will.
Justice Gautam Patel rejected Uddhav's application observing that preferential or exceptional treatment cannot be given because one is a public figure.
Jaidev too opposed the in-camera trial. "No reason has been cited for seeking in-camera trial, apart from the fact that there is a public figure involved. The application has to be substantiated by strong reasons," argued his advocate Seema Sarnaik.
Justice Patel also chided Jaidev when he pleaded that the trial "should not at all be allowed to be in-camera". Justice Patel remarked, "This statement gives an impression that your client (Jaidev Thackeray) is inclined to play to the gallery. I will not allow this. This trial will go on like any other trial."
Uddhav's advocate, Rajesh Shah, reasoned that some witnesses may not feel free while deposing if they were to know that their statements were to be recorded publicly. "Given the identity of the plaintiff and their standing in the society, I propose in-camera trial," argued Shah. (In-camera trials are held in the judge's chamber).
However, the judge refused to allow the application. "I can understand if the matter was about assault on a woman, or about matrimonial dispute. But in this case, the judgment will anyway be in public domain, the record will be available publicly. I don't want to give a blanket stay. This is the price of being a public figure," remarked justice Patel. The court will start examining the witnesses from December 4.
The estate left behind by Thackeray includes property and bank deposits worth Rs 14.85 crore, according to the will signed by the Sena patriarch. dna was the first to report on January 20 that Thackeray, in his will, bequeathed a majority of his property to his youngest son, Uddhav. A portion has been given to his grandson, Aishvarya (Jaidev's son). Thackeray has not left a farthing for either Jaidev or the family of his late son, Bindumadhav, who died in a road accident).
Uddhav had earlier moved the High Court in January 2013 to probate the will of his father, who died on November 17, 2012. A probate petition is filed to get the will of a deceased person certified by a court of competent jurisdiction.
Previous issues addressed by HC
Whether the will was executed and attested by late Thackeray.
Whether Bal Thackeray was of sound and disposable mind at the time of executing will
Whether Uddhav has played fraud and exercised undue influence on the deceased
Whether Uddhav is entitled to probate of the will
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