Mumbai, Oct 14: A local court today exempted Shiv Sena chief Bal Thackeray from appearance in a 1991 riot case and deferred till November 5 the Maharashtra government's plea to withdraw prosecution against him and 24 Shiv Sainiks who had allegedly ransacked a newspaper office for publishing defamatory articles. On a plea made by Thackeray's lawyer Rajendra Shirodkar, Magistrate Pankhe exempted Thackeray until the state's application for withdrawal of prosecution in this case was finally heard and disposed of.

Seventeen accused were present. Four others have since passed away, the court was informed. Three others are not traceable.

The court has asked the state to file a report by November 5 on the status of the missing accused so that their trial could be separated in case they are not traceable.
Thackeray is accused of making inflammatory speech at a rally while 24 party workers are facing the charge of rioting and ransacking a newspaper office which criticised the Sena chief.

In 1997, the state had moved the court seeking to withdraw the prosecution against Thackeray and others for want of evidence. However, the court turned down its plea and the state moved the high court.

On July 17, the Mumbai High Court had set aside a lower court order which refused to allow the state's plea for withdrawal of prosecution against Thackeray and others.
Justice J A Patil, quashing the order of February 18, 1997 of a Bandra magistrate, directed him to consider afresh the government's plea for withdrawal of the prosecution against Thackeray and others.

Bureau Report