SC directs petitioners counsel on case against Thackeray

New Delhi, June 9 (UNI) The Supreme Court today directed the counsel a deceased complainant Venkat alias Babru, who had filed a defamation case against Shiv Sena chief Bal Thackeray, to seek instructions from the Legal Representative (LR) of the deceased whether they would like to pursue the case.

Besides Mr Thackeray, the case was also filed against publisher of Shiv Sena mouthpiece 'Saamna' Subhas Desai for writing and publishing defamatory articles in August 1994.

It may be noted here that a police raid were conducted at the residence of the complainant and the Shiv Sena mouthpiece reported that the complainant was allegedly involved in anti-National activities.

The complainant filed criminal complaint under section 500 IP(criminal defarmation) on September 7, 1994 contending that his social reputation had been damaged due to the publication of reports which were false and malicious, as no arms were recovered from him during the raids.

Initially, three reporters of 'Saamna' were impleaded as accused but their names were later dropped.

The Bombay High Court, dismissed the petition filed by Bal Thackeray, under section 482 CrPC, for quashing the complaint as well as quashing the summons issued by the trial court.

The apex court admitted the appeal of Shiv Sena chief and stayed the operation of the impugned order.

A vacation bench, comprising Mr Justice Arijit Pasayat and Mr Justice C K Thakker, today indicated that the court may direct the trial court to decide on merit the application for subtitution of legal representative of the deceased if they move an application for substitution.

The trial court shall also decide whether a criminal complaint can be pursued by the LRs of the deceased complainant.

UNI AKS/SC KD AT KP1325