Finally, Maharashtra govt gives sanction for Raj Thackeray’s trial

Paving the way for the prosecution of Maharashtra Navnirman Sena (MNS) chief Raj Thackeray in connection with the attacks on North Indians in the state, the home department has given ‘sanction’ to nearly 25% of cases pending against him under section 153-A of the Indian Penal Code. The courts can now try him for creating enmity between communities, an offence under the section.

“Grant of sanction is a pre-requisite for the court to take cognisance of the offence. It cannot try any accused under section 153-A if there is no sanction,” said special public prosecutor Rohini Salian. Cases which do not come under this section do not need sanction from the home department.

The MNS chief has 73 cases registered against him, 19 of them outside Maharashtra. Of the cases registered in the state, close to 30 are under section 153-A. Salian is appearing in the two Mumbai cases and two others are being heard in a Kalyan court.

Officials from the home department said they have started granting sanction. “When the police approach us for sanction for filing the charge sheet, it is given immediately. It is given independently in all the cases under 153-A. Sanction has been granted in more than 25% of the cases,” an official said.

The rest of the cases in which sanction is required are pending. “In some cases, investigation by the police is still on, while other cases are pending with the law and judiciary department, which examines every case minutely,” he said.

“I do not have the exact figures with me, but we have started process of granting sanction,” said home minister RR Patil.

Raj Thackeray’s lawyer Sayaji Nangre said he had no knowledge of the government granting sanction to any political leader booked under section 153-A. “If the state grants sanction to the offences against my client and files a charge sheet, I have three remedies. I could go for discharge in the magistrate court, file a revision application before the sessions court, or file for quashing of the offence before the Bombay high court.”

Samajwadi Party leader and arch political rival of Raj Thackeray Abu Azmi said the government had no choice but to give the sanction. “The MNS agitation was a big slap on the government’s face. The Congress in the state supported the MNS, but the party had to answer questions on the attacks on North Indians in other parts of the country. Rahul Gandhi faced some wrath in Bihar on the issue during his recent visit,” he said.

Sanjay Nirupam, Congress MP, said that law should take its own course and punish the culprit. “I appreciate the government’s move as it will help strengthening the faith of people in judiciary,” he said.
Nitin Sardesai of MNS said, “We have no such intimation so far and unless there is concrete information, it’s not proper to make a comment.”