Maharashtra advocate general saves Thackeray from jail
Shiv Sena supremo Bal Thackeray's arrest was prevented because
of a statement faxed by Maharashtra's Advocate General C J Sawant
to the Supreme Court on Thursday.
Chief Minister Manohar Joshi spent
an anxious afternoon on Thursday over the Supreme Court's decision
and where to imprison him in case of his arrest.
The high court in Nagpur had ordered Thackeray's
arrest in connection with the contempt of court case filed against
him over his allegation that a high court judge had demanded Rs
3.5 million in the Ramesh Kini case from him.
The court had ordered his arrest for two weeks -- one weeks as the leader of the Shiv Sena
and another week as the editor of Saamna. The decision was, however,
challenged in the Supreme Court. The court met for the last hearing
on Thursday.
Bal Thackeray's advocate Fali S Nariman put forth a point of
propriety to Supreme Court bench consisting of Justice
Pancchi and Justice Kurdukar. He argued that any case pertaining
to the contempt of court should first seek the
state advocate general's permission.
Sustaining Nariman's argument, the
court was adjourned for a few anxious moment during which Advocate General Sawant's opinion was sought. Sawant, in a faxed reply, said: "My permission was not sought earlier and
had it been asked, I would have refused the permission."
Referring to Sawant's statement, Thackeray's advocate Fali Nariman
argued that the advocate general would have refused permission for Thackeray's arrest had it been sought earlier.
In a landmark judgment earlier,
the Supreme Court had ordered that a contempt of court
case could not proceed in the absence of the advocate general's permission.
However, the two judges presiding over the case said that they
were not in consonance with Supreme Court's earlier decision in the matter.
The case has now been transferred to a higher bench.
Chief Minister Manohar Joshi, who was in constant touch with Delhi,
heaved a sigh of relief at the decision.
Compiled by Prasanna D Zorey from the Marathi press
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