A local court has directed the police to start probe into a sedition case registered against MNS chief Raj Thackeray here three years ago while dismissing police's plea of cancellation of the FIR since the speech over which the case was registered was made in Maharasthra.
Additional District and Sessions Judge Sudesh Kumar Sharma gave the directions yesterday on a review petition of the police which was seeking scrapping of the FIR registered on September 7, 2012 in Hisar.
The case was registered on a complaint of advocate Rajat Kalsan in which he had claimed that the speech of Raj Thackeray in Mumbai on August 31, 2012 against the people of North India was "dangerous for integrity and sovereignty of the country."
The petitioner had alleged that the speech attempted to create animosity between two classes while trying to instigate riots and was violations of provisions of the Constitution.
The case was registered by the police on the directions of the then Sub Divisional Judicial Magistrate Hansi, Ashvani Kumar.
However, on October 4, 2012, police had filed a plea in Hisar court seeking dismissal of the case on the ground of jurisdiction. But the court expressed strong objection and ordered to re-examination of the case and asked Assistant Superintendent of Police (ASP) to take action against the Station House Officer (SHO) Hansi within ten days for not taking any steps in this case.
But instead of taking action against the SHO, the police filed a review petition in the court of Sessions Judge Hisar and obtained a stay order.
The hearing of this case was put up in the court of Sudesh Kumar Sharma here yesterday in which on behalf of the police, public prosecutor demanded the cancellation of the FIR on jurisdiction ground.
Complainant Advocate Rajat Kalsan referring to the orders of the Supreme Court stated that the FIR registered by the order of a Magistrate cannot be dismissed on the ground of jurisdiction.
The court rejected the demand of police for cancellation of FIR against Raj Thackeray and instructed the police to investigate the case further.
