New Delhi, Jan 30 (PTI): The Delhi High Court on Wednesday stayed the execution of non-bailable warrants (NBWs) issued against the Maharashtra Navnirman Senachief Raj Thackeray in 2008 for his alleged anti-Bihari remarks.
”The operation of the NBWs is stayed,” Justice Sunil Gaur said after hearing brief arguments advanced by senior advocate Mukul Rohatgi seeking to quash the summoning orders passed in 2008 by a lower court at Muzaffarpur in Bihar on two private complaints lodged against him.
The court also issued a notice to Sudhir Kumar Ojha, a Bihar-based advocate, and sought his response on the plea of the Maharashtra Navnirman Sena (MNS) chief while posting the matter for further hearing on April 16.
Initiating the arguments, Rohatgi said, “The summons have been issued on bald complaints of a lawyer and, moreover, the complaints do not satisfy the ingredients envisaged under section 504 (intentional insult with intent to provoke breach of the peace) of the Indian Penal Code.”
The court, after going through the content of the alleged speeches, said, “It seems it is insulting...”
In response to the observation, the senior lawyer said, ”Anybody can have the right to have his or her personal opinion about an issue and they (statements) cannot be held as offensive without being tested”.
The counsel for Thackeray sought exemption from personal appearance for the MNS leader during trial court proceedings, saying there were as many as 16 private criminal complaints filed against him and they have been transferred to Delhi following an order of the Supreme Court.
The High Court granted exemption from personal appearance for a day to the MNS chief who was to appear in a Delhi court on Thursday in connection with the two cases.