On Friday, the Bombay High Court rendered a significant decision, quashing an FIR and subsequent legal proceedings against Raj Thackeray, the leader of the Maharashtra Navnirman Sena (MNS). The charges pertained to an alleged violation of the election code of conduct during the 2010 civic elections in the Kalyan Dombivali Municipal Corporation (KDMC) area.
A division bench comprising Justice Ajey S Gadkari and Justice Sharmila Deshmukh delivered the verdict in response to a criminal application filed by Thackeray in 2014 challenging the FIR. According to the allegations outlined in the FIR, Thackeray had purportedly exceeded the permissible time limit for his presence in the KDMC area while campaigning. The State Election Commission (SEC) had issued a circular on April 9, 2010, stipulating that campaigning should conclude by September 29, 2010. Acting in accordance with this directive, the deputy commissioner of police had issued a notice to Thackeray, instructing him not to remain in the KDMC area beyond 10 pm on September 29.
The High Court’s decision to quash the FIR signifies a legal triumph for Thackeray, as the judges found merit in his plea. The ruling suggests a nuanced examination of the circumstances surrounding Thackeray’s presence in the KDMC area and the application of the election code of conduct. By setting aside the FIR and associated criminal proceedings, the court has essentially absolved Thackeray of the alleged violation, providing legal relief and vindication for the MNS chief.
This case underscores the importance of legal scrutiny in matters related to election conduct and the necessity for a thorough examination of the facts before accusations result in criminal proceedings. Thackeray’s successful challenge to the FIR reflects the judiciary’s role in ensuring a fair and just legal process, especially in cases with political implications.
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Source: https://indianexpress.com/article/cities/mumbai/bombay-high-court-2010-fir-raj-thackeray-9021343/
Edited: Sakshi Semwal