Mumbai: A special court here has acquitted Member of Parliament Ravindra Waikar and 28 other members of the then undivided Shiv Sena in a 2005 rioting case, citing lack of evidence.
The case pertained to a July 2005 incident following Narayan Rane's announcement that he would be joining the Congress following his expulsion from the Bal Thackeray-led Sena.
The special judge for cases against MP/MLAs, Satyanarayan Navander, on November 7 acquitted 29 Sena leaders and workers charged with rioting, unlawful assembly and other related offences. The order copy became available on Wednesday.
Besides Waikar, the other accused included Sena leaders Mahesh Sawant and Vishakha Raut.
"It cannot be said with certainty that the accused were members of the unlawful assembly that committed the riot," the court said in the judgement.
Speaking about the incident of mob violence on July 24, 2005, the judge noted that due to "the political rivalry between two political factions, the entire city of Mumbai was put at risk".
Despite an extensive deployment of police force, several persons sustained injuries and public property was damaged, it said.
However, "although it was an unfortunate episode witnessed by the city at large, the identification of the accused is not established in this case," the judge said, adding that "it cannot be said with certainty that the accused were members of the unlawful assembly that committed the riot, even though they were members of the Shiv Sena party."
As per the prosecution, a mob of 100 to 150 Shiv Sena activists gathered at the Jakha Devi Chowk area in Dadar for a rasta roko (road blockade) and demonstration despite prohibitory orders being in effect.
The mob became violent, attacking police personnel, pelting stones at them and police vehicles, and causing damage to civic-run BEST buses, the prosecution claimed.
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