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Bombay HC CJ Dipankar Datta Recuses From Hearing PIL For CBI/ ED Probe Into Ex-Maha CM Uddhav Thackeray's Wealth
Sharmeen Hakim
22 Nov 2022 11:46 AM GMT
Bombay High Court Chief Justice Dipankar Datta on Tuesday recused from hearing a PIL seeking a CBI and ED investigation into the alleged "disproportionate" wealth of Maharashtra's ex-CM Uddhav Thackeray, his wife and two sons.Not before the bench of which Chief Justice Dipankar Datta is a member, the CJ said.Before recusing from the matter CJ Datta had asked the petitioner if she wanted a...
Bombay High Court Chief Justice Dipankar Datta on Tuesday recused from hearing a PIL seeking a CBI and ED investigation into the alleged "disproportionate" wealth of Maharashtra's ex-CM Uddhav Thackeray, his wife and two sons.
Not before the bench of which Chief Justice Dipankar Datta is a member, the CJ said.
Before recusing from the matter CJ Datta had asked the petitioner if she wanted a lawyer appointed from the legal aide panel. "You want a lawyer to be engaged from legal aid? Because the committee feels several legal aspects are involved."
Petitioners Gouri (38) and her father Abhay Bhide (78) said they don't have any problem. The Bhides had briefly printed Shiv Sena supremo, Bal Thackeray's weekly during the emergency. The petitioners were apparently inspired by the motto "Na khaunga na khane dunga."
Earlier when the matter came up before a different bench, Bhide was directed to state on affidavit in the petitions memo that she had nothing to gain from the petition.
Bhides are residents of Dadar, a stronghold of the Sainiks for several years. Their petition raises questions regarding land plots given by the Maharashtra Government owned CIDCO for a trust Prabodhan Prakashan (Owner and publishers of Saamna newspaper).
The shareholding of the trust was changed and eventually owned by the Thackerays, the plea states. It added that during the Covid-19 lockdown, Thackeray's company Prabodhan Prakashan Pvt. Ltd showed "brilliant performance" of Rs 42 crore turnover and Rs 11.5 crore profit. The petitioners called this a "clear case" of black money being converted to white money.
The petitioner claimed to have a "hunch" that BJP leader Kirit Somaiya or both agencies must have "huge information" and links pertaining to Thackerays.
"It seems it's a clear case of turning the black money into white one. The unaccounted money gathered from BMC and other sources might have been dishonestly digested (sic) into the accounts of the above-mentioned company and fictitious figures of profit have been shown for this digestion. This is not just a guess or baseless allegation. The statement of accounts of these companies will clearly reveal the fact. These assets are mainly benami transactions," her petition adds.
According to the petitioner, Uddhav, Aditya and Rashmi have never disclosed any "particular service, profession and business as their official source of income." And yet they have "huge properties in a metro city like Mumbai and in Raigad district, which may run into crores."
"It will be clear from those exhibits that holding an official post in any political party by itself, cannot be a legal source of income. Similarly, holding the constitutional posts of chief minister and cabinet minister in any state also is not a source of income as the remuneration is limited," her petition asserts.
Bhides claim that Thackerays additionally published the magazine Marmik and newspaper Saamna but they have never been subject to audit by the Audit Bureau of Circulation and nobody knows their print order.
"As the Marmik and Saamna cannot be bread-butter and wealth earner for the family considering their extravagant lifestyle, their political outfit i.e. Shivsena and its corporators and particularly, chairmen of the Standing and Improvements Committees of the BMC is their only and only medium of source to create "wealth"," the petition contends.
They have prayed for the High Court to direct the Centre, ED and CBI "to take cognisance of her complaint filed with Mumbai police and take the investigation in their hands." Moreover, for the investigation to be monitored by the Bombay High Court on a monthly basis.
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