Shiv Sena (UBT) leaders Uddhav Thackeray and Sanjay Raut have approached the Mumbai Sessions court challenging the rejection of their discharge plea by a magistrate court in the city in a defamation case filed by former colleague and rival Shiv Sena leader Rahul Shewale.
Former Member of Parliament Shewale, who is with the Chief Minister Eknath Shinde’s faction, had filed a defamation complaint against Thackeray and Raut for a December 29, 2022, article in Saamna newspaper which stated that Shewale had business interests in Pakistan. Shewale claimed that the report was baseless and was an attempt to damage his reputation and political career by leveling false accusations against him to malign his public image. He described the articles as a “concocted story,” “devoid of any merits,” and a classic example of “vendetta journalism.”
The Magistrate court, on receiving Shewale’s complaint, had issued summons to Thackeray and Raut while also rejecting their plea for discharge from the case. The Magistrate had rejected the discharge applications, citing that after the order to issue process in summary cases, the CrPC (Criminal Procedure Code) does not provide a specific provision for discharging the accused.
Thackeray and Raut, through their advocate Manoj Pingale, are challenging the Magistrate court order while stating that the article was based on a press conference conducted by a woman and was also reported by other newspapers and on social media. They claim that Shewale selectively targeted them.
The UBT leaders’ plea cites Article 19(1)(a) of the Constitution, which guarantees freedom of speech and expression, including the freedom of the press.
“The existence of free, independent and powerful media is the cornerstone of a democracy. It is the duty of the press to publish the interview of a political person, their views regarding the social and economic development of our country as well as their views against any political persons,” it stated.
The plea stated that the complaint’s facts are “false and fabricated” and do not prima facie prove an offence under IPC section 500.
It contends that the magistrate erred in issuing the summons and that not setting it aside would cause “irreparable loss and prejudice to the petitioners which cannot be compensated in any manner, leading to a miscarriage of justice.”
The plea will be heard on June 25; however, on Wednesday, the court heard arguments of Pingale and advocate Chitra Salunkhe on the aspect of condonation of delay. The UBT leaders have filed their criminal revision plea after a delay of more than 80 days. Salunkhe stressed that a cost should be imposed on the two for filing the plea belatedly. Special Judge RN Rokde will be passing an order on the same on June 13.
Source Agencies
