The Bombay High Court on Thursday dismissed the public interest litigation (PIL) seeking registration of first information reports (FIRs) against former Chief Minister Uddhav Thackeray, his son Aaditya Thackeray and Sanjay Raut for sedition and causing public nuisance.
A division bench of Chief Justice Dipankar Datta and justice MS Karnik dismissed the PIL filed by Pune based activist Hemant Patil observing that the petitioner should have approached a magistrate with his complaint instead of filing a PIL.
During the hearing, the HC questioned Patil's advocate for directly approaching the HC instead of first going before a magistrate.
CJ Datta asked: “What does the CrPC (Criminal Procedure Code) provide? Move a private complaint. Anyone can file a private complaint. Why have you directly approached the HC? Dismissed with liberty" the bench said.
The HC has granted him liberty to file private complaint with the magistrate against Thackerays and Raut.
Apart from registering the FIR, Patil had sought that Thackerays and Raut be restrained from “organising press conferences, tours and visits to various places in Maharashtra on the rebellion issue.”
Patil in his PIL claimed that pursuant to the rebellion by several MLAs of Shiv Sena led by Eknath Shinde, protests have been held at various districts in Maharashtra and verbal attacks have been made against them. Due to this breach of peace and apprehension of violence, the central government has given security to the rebelling MLAs.
The PIL had prayed that the DGP be directed to conduct an inquiry and register FIRs against Thackerays and Raut for public nuisance and sedition.
