A former Sena MLADalvi, through his counsel SS Kulkarni, maintained that the government should recover the damages from his party and party leaders, including Sena chief Bal Thackeray.
“Why should I pay the fine for vandalism, why not the Shiv Sena leaders?”
These questions were raised by Sitaram Dalvi, a former Sena MLA, who has filed a fresh application in the Bombay high court, seeking exemption from paying Rs7.8 lakh towards the damages during the vandalism of Sahar Intercontinental Hotel in January 2009.
Dalvi, through his counsel SS Kulkarni, maintained that the government should recover the damages from his party and party leaders, including Sena chief Bal Thackeray.
“It is a vicarious liability. You can’t foist it on me,” Kulkarni argued, adding, “You [court] should call Bal Thackeray or any other leader.”
Hearing his submissions, justice Ranjana Desai remarked: “If that has to be done, we will do it. Please don’t tell us what to do.’
Kulkarni further argued that a case unlawful assembly, which has been slapped on Dalvi, cannot be made against one person, and damages cannot be recovered from him alone. “A case of Unlawful assembly cannot be made out against one person. You cannot book one person and recover the fine from him,” Kulkarni told the court.
“They have booked 45 persons, but I have been singled out? How can they accuse a 65-year-old?” he asked.
Further, Kulkarni argued that the morcha was led by MP Sanjay Raut.
“So, you want this money to be recovered from Sanjay Raut?’ asked justice Desai. The judges observed that Dalvi had written on the party’s letterhead informing that he would be leading the morcha.
Hearing the submission, a division bench of justice Desai and justice Mridula Bhatkar observed that if an agitation held is of a political party, then the party should bear the responsibility for it.
“We are not concerned whether it is Shiv Sena, Congress, Communist Party or any other party. You cannot just go and destroy property for your agitation. Message must be sent across that people cannot go on burning buses and destroy public properties etc,” the court said.
Dalvi, 65, has stated in his application that he does not want to
pay the entire fine of Rs7.8 lakh, which was imposed on him in 2009. Earlier, a division bench of high court had admitted Dalvi’s petition, but had directed him to deposit Rs2 lakh.
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