New Delhi: The Delhi High Court on Friday sought a response of the Centre on a plea seeking a direction to implead the government in cases related to MNS chief Raj Thackeray's prosecution for allegedly making anti-Bihari remarks in 2008.
Justice Manmohan Singh issued notice to Ministry of law and Justice and Home Ministry to inform it about the status of sanction requested for Maharashtra Navnirman Sena (MNS) head's prosecution.
The court's order came on a plea filed by the complainant on whose complaint non-bailable warrants (NBWs) was issued by the trial court against Thackeray on October 7, 2014.
The plea filed by advocate Ajit Sharma on behalf of the complainant alleged that the Centre is yet to "decide whether or not to grant sanction under section 196 of the CrPC for prosecution of the MNS chief of the offence of promoting enmity between different groups against his client under sections 153 (a) and 153(b) of IPC".
The court, meanwhile, extended its stay on NBWs issued against Thackeray till May 12.
It has also stayed the proceedings against Thackeray before the trial court till further order.
Complainant Mithilesh Kumar Pandey said that section 196 of CrPC "prescribes that a sanction is imperative for any court to take cognisance of offence under sections 153-A or 153-B.
Pandey contended that the FIR could be kept in abeyance and not quashed as prayed by Thackeray because the question of sanction for prosecution was also involved.
"It is, therefore, in the interest of justice that Union of India through Secretary, Ministry of Law and Justice, and Secretary Home Ministry be impleaded as parties to the present petition so that they may assist the court and inform the court as to the status of sanction request in the FIR.
"It is pertinent to mention that as of today sanction has neither been granted nor rejected by the Union Government. Therefore, in the event sanction is granted, prosecution against petitioner should commence under Sections 153-A and 153-B," the application said.
Earlier, the counsel for MNS had argued that even the police filed a closure report in the case but the magistrate rejected it and summoned Thackeray.
"This summoning order is bad in law and no requisite procedure was followed and is without any jurisdiction. This summoning order as well as the FIR lodged at Dwarka police station should be quashed," Thackeray's counsel had contended.
Thackeray has moved the Delhi High Court seeking quashing of the FIR lodged against him for allegedly making inflammatory remarks.
Earlier on January 30, 2013, the court had stayed execution of the NBWs and tagged the matter with several other similar petitions moved by the MNS chief.
As per Thackeray's plea, complaints were filed against him in various places including Delhi, Jharkhand and Bihar in 2008 under IPC sections 153A (promoting enmity between classes), 153B (assertions prejudicial to national integration), 295A (maliciously insulting religion of any class), 500 (defamation) and 504 (insult intended to provoke breach of peace).
A magisterial court first issued summons against him and then arrest warrants as he had failed to appear.
Thackeray then moved the Supreme Court which in January 2010 stayed the proceedings against him and transferred all cases to Delhi.
Subsequently, the MNS leader moved the High Court seeking quashing of the criminal complaints in the trial court here as well as the summoning orders and non-bailable warrants issued by lower courts in Bihar, Jharkhand and Delhi.
