Date:23/02/2008 URL: http://www.thehindu.com/2008/02/23/stories/2008022357120100.htm

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We cannot interfere in law and order problems: CJI

Legal Correspondent

Justice Katju: we understand Mumbai situation, but won’t accept balkanisation

New Delhi: The Supreme Court on Friday refused to entertain two public interest litigation petitions seeking a direction to the Maharashtra government to initiate action against Raj Thackeray, leader of the Maharashtra Navnirman Sena, for allegedly fomenting violence by his remarks against north Indians living in Mumbai.

A Bench consisting of Chief Justice K.G. Balakrishsnan and Justices R.V. Raveendran and Markandey Katju asked the advocate-petitioners Arvind Kumar Shukla and Rakesh Upadhyay to approach the Bombay High Court for relief. They then withdrew the petitions.

The Chief Justice told Mr. Shukla: “There had been some violent incidents. It is a question of law and order. The State will take care of the problem. How can this court interfere when some incidents take place? It is not possible for this court to give a direction whenever law and order problem arises in some parts of the country.”

On the plea for de-registration of the MNS as a political party, he asked counsel to approach the Election Commission.

When Mr. Upadhyay said north Indians were forced to leave Maharashtra in large numbers and they should be protected, the Chief Justice said: “It is a dangerous tendency, but we can’t give the directions you want as law order is a State subject. If you feel that innocent people are affected, you go to the High Court.”

Justice Katju intervened: “We understand the situation and what is happening there. This is one country and we will not accept balkanisation of the country. The son of the soil theory is not acceptable.”