The Mumbai High Court on Tuesday termed as improper the dismissal of Bombay riots cases against Shiv Sena chief Bal Thackeray, and admitted the state government's appeal against it saying that it was arguable.
Admitting a petition challenging the July 25 order by a local magistrate closing the cases against Thackeray and two others for alleged inflammatory writings in the party's mouthpiece ‘Saamna’ during the communal riots in early 1993, Justice Vishnu Sahai did not list the reasons for his order.
In a jam-packed court, Sahai observed that he was not listing the reasons in writing in order to prevent any prejudice during the final hearing of the case.
Elaborating orally on the prima facie reasons for admitting the appeal, justice Sahai said that the local magistrate had misconstrued the word cognizance in the CRPC. The magistrate had also failed to consider the three options of granting judicial custody, police custody and bail as was required in a case based on a remand application, the judge
Stating the third reason of propriety, he said that justice should not be just done but should appear to be done, which apparently did not happen in this case.
Thackeray was on July 25 discharged by the Additonal Chief Metropolitan Magistrate P Kamble on the ground that the case filed against him by the state government under Section 153 (a) of IPC was "time barred".
Report: Zeenext Bureau