HC asks father-daughter to pay ₹25K for levelling ‘vague and general’ allegations against Thackerays

The Bombay high court on Tuesday penalised a father-daughter duo from Dadar with a cost of ₹25,000 for filing a public interest litigation (PIL) petition based on “totally vague and general” allegations against former chief minister Uddhav Thackeray and his family

The Bombay high court on Tuesday penalised a father-daughter duo from Dadar with a cost of ₹25,000 for filing a public interest litigation (PIL) petition based on “totally vague and general” allegations against former chief minister Uddhav Thackeray and his family.

Mumbai, India - March 09, 2023: Uddhav Thackeray and Ajit Pawar interact with the media after budget presentation, during Maharashtra Budget Session, at Vidhan Bhavan, Nariman Point, in Mumbai, India, on Thursday, March 09, 2023. (Photo by Anshuman Poyrekar/ Hindustan Times) (Anshuman Poyrekar/HT PHOTO)

Calling it an abuse of the process of law, a division bench of justice Dhiraj Singh Thakur and justice Valmiki Menezes shot down the plea which had sought a probe by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) into the alleged disproportionate assets the Thackerays had accumulated since 2018.

The petitioners – Gouri Bhide, 38, and her father Abhay Bhide, 73 – claimed that the Economic Offences Wing of Mumbai police had taken cognisance of her complaint and initiated a preliminary probe. Hence, the central agencies should be directed to begin a parallel probe in the matter, they said.

The bench, however, said that the petition and the complaint were without any evidence, and it could not direct an investigation by CBI or any other central agency.

“On a reading of the complaint and the petition, it appears that the petitioners are only speculating on the sudden rise in the prosperity index of the private respondents (Uddhav Thackeray, his wife Rashmi and their sons – Aaditya and Tejas) from their humble beginning and, therefore, entertain a suspicion that the lifestyle maintained by the said private respondents could only be attributed to the corrupt practices in BMC. In any case there is absolutely no evidence or live link between the alleged malpractices in BMC and the private respondents herein,” the court said in its order.

“The petitioners thus are attempting to seek a roving probe, monitored by this court, into the suspicions so entertained by the petitioners based on nothing but bald allegations,” the bench added.

Gouri Bhide claimed that she had filed the PIL after being inspired by the “na khaunga na khaane dunga” slogan of prime minister Narendra Modi. The Thackeray family had amassed disproportionate assets in Mumbai and Raigad district without disclosing the source of income as they never mentioned what profession, service or business they were involved in, she alleged.

The petition also claimed that the Thackerays had accumulated ‘benami property’ but the police had failed to act against them for the economic offences and the offences of corruption due to political pressure. Gouri Bhide also referred to the raids by CBI, ED and income tax department on the residences of some people close to the Thackeray family to justify her demand for a central agency probe into their assets.

Senior advocate Aspi Chinoy, appearing for the Thackerays, opposed the plea and said that the petitioners could approach the magistrate court for a remedy, and HC could not direct a central agency to conduct an inquiry.