Bombay HC orders Nanded man to pay Rs 2 lakh to Uddhav Thackeray for frivolous plea

Mumbai: The Aurangabad bench of Bombay High Court has imposed a cost of Rs 2 lakh on a Nanded resident for filing a frivolous plea against Shiv Sena (UBT) chief Uddhav Thackeray and has directed him to personally hand over the amount in the form of a demand draft to the former Maharashtra chief minister.

Mohan Chavan, who claims to be a doctor in philosophy and belongs to the Banjara community, had contended that his religious sentiments where hurt by Thackeray who did not apply sacred ash (vibhuti) given to him by Chavan's priest during a function.

A single bench of Justice S G Mehare, in the order of August 29, said prima facie even a person with little knowledge of law would said this was nothing but "abuse of process of law or using the judicial system to become famous and celebrity".

"Such petitions lower the image of respected members of the society. Most of the times, petitions like these are filed with ulterior motive," the HC said. It added the allegations levelled against Thackeray appeared basically without any foundation.

This was a fit case to impose cost for abusing the process of law, the bench said while permitting Chavan to withdraw the petition.

It, however, imposed a cost of Rs 2 lakh that Chavan has to give Thackeray within three weeks and warned of stringent action if the amount was not paid.

"The petitioner (Chavan) should purchase a DD (demand draft) in the name of the former chief minister Uddhav Balasaheb Thackeray, go personally to his home and deliver it to his hand or to the person whom he directs," the HC ordered.

In his plea, Chavan claimed his 'mahant' (priest) went to Thackeray's residence for a function, during which the Shiv Sena (UBT) leader was offered a sweet as 'prasad' as well as sacred ash (vibhuti).

After accepting the sweet (prasad) and ash (vibhuti), Thackeray gave it to the another person standing beside him instead of applying the sacred ash on his own forehead, Chavan said in the plea, adding this act had hurt his religious feelings.

Chavan had filed a private complaint against Thackeray before a magistrate's court in Nanded, which was dismissed, following which he appealed in a sessions court.

When the sessions court too refused any relief, Chavan moved the HC.

Both the magistrate and sessions court had correctly disbelieved the complaint and dismissed it, Justice Mehare noted.