Date:18/10/2002 URL: http://www.thehindu.com/2002/10/18/stories/2002101804950100.htm

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Case filed against Thackeray

By Mahesh Vijapurkar

MUMBAI Oct. 17. The Maharashtra Government today filed a case against the Shiv Sena chief, Bal Thackeray, for his public exhortation to Hindus to "confront Islam and also form suicide squads" to counter what he called "Islamic terrorism".

The case has been registered under Sections 153 and 153-A of the IPC which are not bailable and are punishable with a prison term of up to three years or a fine or both. The moment this was made known to the media by the Deputy Chief Minister, Chhagan Bhujbal, the Shiv Sena's leadership gathered at Mr. Thackeray's residence and issued abrasive threats such as "We will not allow the Government to function if he is touched.''

Mr. Bhujbal, who said he would send a copy of the audiotape of Mr. Thackeray's speech to the Prime Minister, A.B. Vajpayee, said, "He should know what his ally is saying about him and the Centre. Further, what Mr. Thackeray says has nationwide consequence. It is for the Prime Minister to draw his inferences.''

The IPC provisions are attracted because the police, prima facie, see a clear step towards promoting hatred between the communities with its potential consequences to the law and order in the State.

Mr. Bhujbal insists that "the police felt there was a case and registered one. It will later come to the Government for sanction and then alone I will apply my mind. The police are now doing their duty, nothing more.''

Mr. Bhujbal conceded that Mr. Thackeray normally spoke each line "only after consulting his lawyers'' and entered caveats such as "anti-national'' while speaking about Muslims to escape hassles, but "this time we have to see how he has worded his speech.''

Audiotapes, videotapes and even the extensive transcripts from the police's stenographers, who normally cover sensitive political events to keep track of the speeches, would come in handy to determine the outcome. "The police have only registered a case. No more,'' Mr. Bhujbal said. But the Sena views it differently. The former Chief Minister, Narayan Rane, said there was "nothing wrong in the speech.'' The Sena MP, Sanjay Nirupam, felt that it was an exhortation to the Hindus to protect themselves, not a communal attack on the Muslims.

In July 2000, Mr. Thackeray was arrested for a few minutes when he "offered himself to the police'' in connection with a similar case under the same penal code provisions for his writings in the party mouthpiece, Saamna but the magistrate threw the case out saying it was time barred. Those were tense moments, till he was technically arrested and formally discharged along with the Executive Editor of Saamna, Sanjay Raut, and its publisher, Subhash Desai. But at that time a point was scored by the Government. It later challenged the lower court's order in the High Court and the trial in the case is under way.