PIL into Thackeray family assets: HC asks petitioner to get clearance to argue in person

Mumbai The Bombay high court, while hearing the petition filed by a Dadar resident seeking a CBI and ED probe into the alleged disproportionate assets amassed by Uddhav Thackeray and his family members, has directed the petitioner to appear before the registrar judicial to ascertain whether she can appear in person

Mumbai The Bombay high court, while hearing the petition filed by a Dadar resident seeking a CBI and ED probe into the alleged disproportionate assets amassed by Uddhav Thackeray and his family members, has directed the petitioner to appear before the registrar judicial to ascertain whether she can appear in person.

HT Image

The HC asked the petitioner Gauri Bhide to furnish the competency certificate from the registrar judicial before the bench and posted hearing for November 22.

When the petition came up for hearing before the division bench of justice S V Gangapurwala and justice S G Dige on Wednesday, advocate representing Thackeray, Joel Carlos, informed the bench that the petitioner has not filed an affidavit in compliance with the criminal public interest litigation (PIL) rules with regards to the objections raised by the registry when the petition was filed.

Bhide, who appeared in person, informed the bench verbally that all compliances sought by the registry had been complied with hence hearing should commence. However, the bench noted that Bhide had not provided the competency certificate which is essential for persons appearing in person without an advocate. The bench then directed Bhide to appear before the Registrar Judicial of HC who will interact with her and then take a call whether the petitioner is competent to represent and argue the case in person.

The bench also asked Bhide to append a memo to the petition which contained a statement from her that “there is no personal gain and private motive” in filing of the petition. The court also directed her to serve any additional memo filed by her to the other side and posted on November 22.

Bhide (38), in her petition has claimed that the Thackeray family made assets disproportionate to their income and were also involved in money laundering, hence sought directions to the investigating agencies like CBI and ED to conduct a thorough and impartial investigation.

Bhide’s petition states that she was inspired by the “Na khaunga na khaane dunga” slogan of Prime Minister Narendra Modi which prompted her to file the PIL. She has alleged that the Thackeray family, including Uddhav, his wife Rashmi and son and former state minister Aaditya and younger son Tejas amassed disproportionate assets without disclosing the source of income as they never mentioned what profession, service or business they were involved in.

The petition states that the Thackeray family members accumulated ‘benami property’ but the police had failed to take action against the serious economic offences and offences of corruption due to political pressure. The petition also alleged that the family was guilty of violating provisions of the Prevention of Corruption Act and Representation of Peoples Act.

Bhide has further alleged in the petition that claimed huge properties and assets worth crores have been accumulated by the family in Mumbai and Raigad district. The petition adds, “Holding an official post in any political party by itself cannot be a legal source of income. Similarly, holding the constitutional posts of Chief Minister and Cabinet Minister in any state also is not a source of income, as the remuneration is limited.”

Bhide also refers to the recent raids conducted by the CBI, ED and Income Tax Department in Maharashtra which revealed that some people close to the Thackeray family were interrogated and are still under the radar of the central agencies, therefore, it is “crystal clear” that huge undisclosed properties, cash and other wealth found on them have “close nexus” to Thackeray family members.

The petition states that she had submitted a complaint on July 11 and a reminder on July 26 relating to the above facts to the Mumbai police, but no action was taken and was only forwarded by the Police Commissioner to its Economic Offences Wing (EOW).

The petition further states that during the pandemic while all print media reported losses, the Sena mouthpiece Saamna and Marmik magazine showed turnover of Rs. 42 crore and recorded profit of ₹11.5 crore which was a case of turning black money into white money as both publications were never subjected to an audit by the audit bureau as the print order is not known. Bhide states that her family was in the printing business like Thackerays and briefly printed supplements of late Bal Thackeray’s weekly during Emergency

The PIL further said as per information she received about Prabodhan Prakashan, a Public Trust, and Prabodhan Prakashan Pvt Ltd, the company is owned by the Thackeray family as a “sole operating agency,” and family’s trusted men are the Trustees and same is not in public domain. “However, the operating growth of the company is astonishing,” it said.

The petition concludes with a reference to the changes in shareholding pattern of the company which would benefit Tejas Thackeray, a new shareholder.

The PIL sought direction to the central agencies to take cognisance of the complaint with the Mumbai police and investigate the same and status of the probe be submitted to court every month.