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The Rediff Interview/ Chhagan Bhujbal

'The Srikrishna Commission report is on the way'

A few hours after the Maharashtra government's case against Shiv Sena supremo Bal Thackeray was dismissed by a Bombay court on Tuesday, Deputy Chief Minister Chhagan Bhujbal, the man at the heart of the controversy, spoke to rediff.com Associate Editor Sheela Bhatt.

Bal Thackeray said on Tuesday afternoon, 'If Bhujbal has a little shame, he should quit.'

According to my advocates what happened in the court I will quote first. The advisory note shows the police made an application stating that the accused Bal Thackeray and others had been arrested at 11.30 am and were produced before the magistrate. As the investigation had been completed, the charge sheet would be filed shortly.

The accused were not required for interrogation as such suitable order as per law may be passed. Bal Thackeray and others made an application for bail. Their sole prayer was that they be released on bail on such conditions as the court deemed fit and proper. The only proceedings which were pending before Magistrate B B Kamble were the remand and bail applications.

The charge sheet had not even been filed; however, not withstanding this, the magistrate proceeded straightaway to deal with the matter on merits. Senior counsel for the prosecution told the magistrate that this issue did not arise for consideration before him. The charge sheet was not before him for consideration or cognisance.

He (the prosecutor) pointed out that in any case this was not time-barred since under the law the time taken for obtaining sanction has to be excluded.

Despite all this the magistrate gave his judgment and held that the offence was marred by limitation and cognisance should not be taken and the accused Bal Thackeray and others be released and the offence should stand terminated and closed.

We have got advice from our advocate that the order passed by Magistrate Kamble is unprecedented and the government has been advised that the order (on the look of it) is perverse, illegal and unsustainable in law and that it should be challenged immediately by the appropriate procedure.

The government is now seriously considering challenging the order in the appropriate court.

But what about Thackeray's demand for your resignation?

From day one I have been saying these are charges framed by the police. They asked us for permission to prosecute, the permission was given by me. The police wanted to take Mr Thackeray to court. Thackeray initially said no, nobody will be able to touch me and I'll not go here and I'll not go there. And there will be arson in the country and this and that.

But see, he was arrested by the police and it was proved that nobody is above the law.

You have to come to court, you have to get arrested. The police has produced him before the court and the court has delivered this judgment against which we are proceeding in the higher court.

This is a moral victory for the Shiv Sena.

No, no, we have won. For the last 30 years Bal Thackeray was roaring like anything that the police cannot arrest me. He created the myth that 'nobody can do anything to me.' Today, the police arrested him and produced him before the court. I think that is the biggest victory as far as the government and we are concerned.

Some lawyers feel you did not do enough homework for this case.

No, No, No. We have done enough homework. It will be proved in the coming days.

The IPC's sub-section (2) of Section 468 is clear that ...

You should read sub-section (3) of Section 470 of the CrPC. It is clearly said that the time taken by the government will be excluded while computing the time period.

Do you regret any of your moves? Where did you fail?

I have no regret. I am happy that my police has done a good job. Thackeray was saying if someone touches him the country will burn and Maharashtra will burn. Nothing has happened of that kind. And we are proved correct. The Srikrishna Commission report is also on the way, we will be able to arrest him whenever it is necessary. Whenever it is demanded by the judiciary.

The Shiv Sena has won the first round.

We are going to the upper court. What happened two days back in the Supreme Court? It takes time, but we will see that justice is done.

Most people feel the case was filed because of your rivalry with Mr Thackeray.

Teek hai, let the people think. Aisa hai jab jeet hoti hai, uske liye sabhi aage aate hai. Har ki zimmedari leni padti hai. Our government has taken the zimmedari. (Victory has many fathers, but one has to take the responsibility for defeat alone. The government is taking the responsibility for the defeat). There are two parts of this event. One was Mr Thackeray's arrest and the second is the judicial matter. We could arrest him, as we wanted.

Do you agree you have lost?

Har kya?(What loss?) It will take time to prove.

Thackeray's prosecution: The full coverage

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