Ranchi, May 15 (UNI) Jharkhand High court today passed a judgment saying Maharashtra Navnirman Sena chief Raj Thackrey would have to come down to Jharkhand to get bail from the Jamshedpur court in connection with his alleged comment against north Indian people.
The High Court said the complaint case, filed against Mr Thackrey, would continue in the court of Jamshedpur, saying the cognizance taken by the lower court was right.
Sudhir Kumar Pappu, an advocate of Jamshedpur court, had filed a complaint case against the Sena chief. Rajesh Kumar appearing on behalf of the complainant alleged that Mr Thackrey hurt the sentiments of north Indians. So he should be punished in accordance with law.
The Jamshedpur court after hearing the petition had taken cognizance under section 153A (promoting enmity between different group on ground of religion, race, place of birth, residence, language etc), 153B (imputations assertion prejudicial to national integration whoever, by words either spoken or written or by sign or by visible representation) and 504 IPC (intentional insult with intent to provoke preach of the peace).
Kumar also argued that the speech given by Mr Thackrey was telecast on electronic channels and published in the print media.
''So as far as territorial jurisdiction is concerned, it is within the jurisdiction of Jamshedpur, '' he said.
Justice Amreshwar Sahay passed the order after hearing a writ petition filed by Mr Thackrey. The Sena chief filed a writ petition in Jharkhand High Court challenging the territorial jurisdiction of Jamshedpur court.
Raj challenged that the section 153A and section 153B was not applicable because the complainant has not taken sanction from the state of Jharkhand under section 196 of Cr Pc.
First, the complainant should take sanction from the state government then only this section applies. Raj also challenged section 504 stating that no case was made out under section 504 so the total case should be quashed.
The court after hearing the parties ordered that the complainant was granted liberty to proceed with the matter after taking sanction of section 153A and 153B from the state government. Whereas, section 504 is concerned, the case is well made out by the Jamshedpur court.
UNI XC-PRS SJC SR KN2032