SC notice on application by LRs of the deceased complainant

New Delhi, Aug 7 (UNI) The Supreme Court today issued notice to the Shiv Sena chief Balasaheb Thackeray on an application filed by the legal heir of the deceased complainant Venkat alias Babru, for impleadment in a criminal complaint for defamation against the Shiv Sena supremo pending in the court of the chief judicial magistrate, Mumbai who had issued summons to Thackeray.

In 1994, Babru had filed a complaint against Thackeray and Shiv Sena magazine ' Saamna' editor for writing and publishing an article alleging that Venkat was involved in anti-national activities and large quantity of arms and ammunition had been recovered from his residence during police raids.

Venkat who was a Congress Sewa Dal leader denied the allegations saying that nothing incriminating had been recovered from his residence but Venkat died during the pendency of the criminal complaint.

Thackeray sought the closure of the case on the grounds that the complaint had abated with the death of the complainant. The Bombay high court dismissed his petition and Thackeray moved the apex court against the high court.

The apex court refused to accept the plea of the appellant and ruled that if the legal heirs of the deceased were willing to pursue the complaint that they may file an application for substitution and the same would be decided by the magistrate on merits.

A bench comprising Justices Arijit Pasayat and Lokeshwar Singh Panta issued notice to Thackeray to seek his response to the application filed by Inderajeet Venkatrao Deshpande,son of the complainant seeking to be impleaded as complainant in place of his late father.

UNI AKS/SC RP RS1914