"Politically Induced" : Bombay High Court On PIL Seeking Direction To Eknath Shinde To Return To Maharashtra

The Bombay High Court on Thursday dismissed a PIL seeking an FIR against Uddhav Thackeray and directed another PIL petitioner to deposit Rs. 1 lakh as a pre-condition to hear his plea against MLA Eknath Shinde and others.The bench comprising Chief Justice Dipankar Datta and Justice MS Karnik was of the view that the PIL against Shinde was politically motivated and without enough research."Prime facie we are of the view that the PIL is politically induced and requisite research ought to have been made before the PIL jurisdiction is to be invoked. In the view that they insisted that it should be heard, we direct security of Rs 1 lakh to be deposited, failing which the WP shall stand dismissed," CJ Datta said while dictating the order.Advocate Asim Sarode for PIL petitioner Utpal Baburao Chandawar and others said that they were not in a position to pay the money.Shortly thereafter the bench dismissed the second petition filed by Hemant Patil seeking registration of an FIR against the Shiv Sena's Uddhav Thackarey, his son Aditya Thackarey and close aide MP Sanjay Raut for alleged "public nuisance" and sedition.The court questioned his counsel for directly approaching the HC instead of first appraoching the magistrate."What does the CrPC provide? Move a private complaint. Anyone can file a private complaint. Why have you directly approached the HC? Dismissed with liberty" the bench said.The first PIL by one Utpal Baburao Chandawar and other ordinary citizens alleged that Eknath Shinde and other rebel 38 Shiv Sena MLAs were "neglecting" their official duties by camping in a hotel in Gauhati. The plea seeks directions to them to return to Maharashtra to resume official functions.The PIL filed through advocate Ajinkya Udane states that Citizen's public rights are getting ignored due to the current political turmoil that is taking place in the State of Maharashtra.The second PIL by Hemant Patil, who claims to be a social and political activist from Pune, sought registration of an FIR against the shiv Sena's Uddhav Thackarey, his son Aditya Thackarey and close aide MP Sanjay Raut for alleged "public nuisance" and sedition.It further sought to restrain them from organising press conferences or tours against the "rebel" MLAs led by Eknath Shinde.

"Politically Induced" : Bombay High Court On PIL Seeking Direction To Eknath Shinde To Return To Maharashtra

Sharmeen Hakim

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