In a significant development, the Bombay High Court on Monday raised questions regarding the validity of a Public Interest Litigation (PIL) that demands a First Information Report (FIR) against Maharashtra Navnirman Sena (MNS) president Raj Thackeray and his party members. The PIL also calls for the de-recognition of the MNS, citing allegations that the party has been unfairly targeting Hindi-speaking citizens and aggressively promoting the Marathi language.
During the hearing, a Division Bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad instructed advocate Ghanshyam Upadhyaya, who filed the petition, to first demonstrate why the PIL should be considered admissible by the court.
Representing Mr. Upadhyaya, Advocate Subhash Jha argued that MNS workers have reportedly harassed Hindi-speaking residents across several cities including Mumbai, Thane, Raigad, and Pune. He emphasized that these actions pose a serious threat to national unity, especially with elections on the horizon.
The Bench, however, expressed reservations about the necessity of a PIL, suggesting that individuals directly affected by these issues could pursue legal action themselves. Consequently, the court chose to prioritize arguments concerning the maintainability of the PIL before scheduling a full hearing.
Previously, Mr. Upadhyaya had petitioned the Supreme Court, requesting the withdrawal of MNS’s recognition. This appeal was based on a July 5 rally where Mr. Thackeray allegedly incited violence against non-Marathi speakers and disparaged Hindi-speaking states. The Supreme Court, however, directed him to pursue the matter in the High Court.
This comprehensive 114-page PIL, filed under Article 32, calls for stringent action under the Bharatiya Nyaya Sanhita (BNS), specifically demanding an FIR and the revocation of the MNS’s official recognition. The petition highlights numerous instances of alleged mob violence and assaults perpetrated by the MNS chief and his party, asserting that these acts undermine India’s unity, sovereignty, and core constitutional principles.