Mumbai, Nov 02: A local court would hear on November 05 the Maharashtra government's plea to withdraw prosecution against Shiv Sena chief Bal Thackeray and 24 Shiv Sainiks who had allegedly ransacked a newspaper office for publishing defamatory articles way back in 1991. On the last occasion, Thackeray sought exemption. Seventeen accused had appeared before the court. Four others have since passed away and 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 trials could be separated in case they are not traceable. Thackeray is accused of making inflammatory speech at a rally while 24 Sainiks are facing the charges of rioting and ransacking the office of a newspaper which criticised their chief.

In 1997, the BJP-Shiv Sena government 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 this year, 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 prosecution against Thackeray and others.

On October 29, 1991, Shiv Sainiks had allegedly ransacked the office of the Mahanagar newspaper which had carried an article critical of Thackeray and dwelt on his speech at the annual Dussehra rally held a day before the incident.

Bureau Report