Abused Process Of Law To Become Famous: Bombay HC Directs Man To Pay Rs 2 Lakh To Uddhav Thackeray For Filing Frivolous Petition

The case centred around a public event in Nanded where Thackeray was presented with sacred ash by a Mahant (priest). The petitioner had alleged that Thackeray's failure to apply the ash to his forehead constituted an offense against religious sentiments.

A Bench of Justice Sanjay Mehare ruled that Thackeray's actions did not offend religious sentiments. The Court said, “Considering the facts, prima facie every person who is knowing little law would say that this is nothing but the abuse of process of law or using the judicial system to become famous and celebrity. Such petitions lower down the images of the respected members of the society. Most of the times, the petitions like this are filed with ulterior motive.”

Advocate Salgar Suresh Prabhakar appeared for the petitioner, while Additional Public Prosecutor PV Diggikar appeared for the Respondents.

The Court noted that both the Magistrate and the Sessions Court had properly dismissed the petitioner’s complaint, and there was no merit to the allegations against Thackeray. As a result, the Court decided, “the allegations levelled against the Hon’ble former Chief Minister of State of Maharashtra appears basically without any foundation. The Court is of the view that this is a fit case to impose the costs for abusing the process of law.”. The amount is to be paid to Thackeray via a Demand Draft.

The petitioner’s counsel requested to withdraw the plea, which the bench allowed, provided that petitioner pays the imposed cost of Rs 2 lakhs to Thackeray within three weeks. The court also instructed that a compliance report be submitted.

Cause Title: Mohan Uttamrao Chavan v. The State of Maharashtra & Anr., [2024:BHC-AUG:19985]