The Delhi High Court Friday issued notice to Maharashtra Navnirman Sena (MNS) chief Raj Thackeray on a plea challenging his move seeking quashing of complaints registered against him for alleged hate speeches against people of Bihar.
Justice G.S. Sistani sought response from Thackeray by Dec 4 and listed the matter before Justice S.P. Garg who was hearing the leader's plea for quashing similar criminal complaints filed against him for alleged anti-Bihari speeches in 2008.
Complainant Sudhir Kumar moved the high court saying the pleas of Thackeray filed here in high court are not maintainable as it was the second time Thackeray filed plea for quashing of criminal complaint, despite the Jharkhand High Court and the apex court turning down the plea.
Advocate Anup Kumar Sinha, appearing for petitioner, told the court that the Jharkhand High Court on May 5, 2008 had dismissed the plea of Thackeray where he sought a similar prayer on similar grounds. On July 28, 2008, the Supreme Court had also upheld the Jharkhand High Court order, he added.
"It is settled principle of law that the second petition for quashing of complaint and order of cognizance after dismissal of earlier petition on merits by the high court and affirmed by the Supreme Court of India on the same very grounds is not maintainable," the lawyer argued.
This court cannot sit in appeal over the judgment of the Supreme Court in respect of the similar relief, said Sinha.
Thackeray had moved the Delhi High Court questioning the jurisdictions of the Bihar and Jharkhand trial courts while taking cognizance of three private complaints against him as he lives in Mumbai.
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Various complaints had been filed in the courts of Bihar and Jharkhand against his speech. The complainant had said Thackeray's comments were "against national integration as the Indian Constitution has given all citizens the right to live anywhere in the country".
The Supreme Court in January 2010 clubbed together cases registered against Thackeray in Bihar and Jharkhand for alleged hate speeches and transferred these to a Delhi court.