Court: political will needed to check MNS violence

November 5, 2008: The Hindu

New Delhi: The Supreme Court on Tuesday said the agitation spearheaded by Maharashtra Navnirman Sena chief Raj Thackeray could be controlled “if there is a political will.¶ Making this observation, a Bench posted to November 10 hearing on a writ petition seeking a direction to the Centre and the Maharashtra government to protect the life and property of all citizens, including north Indians.

The Bench, consisting of Justices B.N. Agrawal and G.S. Singhvi, directed counsel Sugreev Dubey to suitably amend the petition filed by Salek Chand Jain. When counsel argued that public property was being destroyed in Bihar and Jalandhar in Punjab following the violence in Maharashtra, Justice Agrawal said: “Can it [agitation] be stopped by court orders? These are political questions which the political parties should consider. If there is political will, it can be controlled in no time.¶

When Justice Agrawal asked what was the petitioner’s locus standi, counsel said: “He is a businessman dealing in foodgrains and he was affected by the agitation and counter-statements of the Chief Ministers of Bihar and Jharkhand.¶

Justice Singhvi found fault with the way the petition was drafted: “Such a serious issue is being dealt with in a non-serious manner. In a matter which has serious implications you have do research and come out with facts to call upon the Centre to answer under constitutional provisions. You have not mentioned anything about Article 355 [duty of the Union to protect States against external aggression and internal disturbance].¶

Counsel agreed to amend the petition and the matter was posted to November 10.

The petitioner said “the methods adopted by the MNS and Raj Thackeray are anti-national and illegal. Their rhetoric is divisive aimed at promoting regional bias and parochial vote banks.¶

Mr. Jain said: “Their action may deny citizens of the northern part of the country their basic rights. Their tactics are a symptom of the malaise affecting several parts of the Indian polity. Dissent is a fundamental right in a democracy but its expressions here have been subverted by a spectrum of political leaders.¶

Referring to the arrest of Mr. Raj Thackeray following the attack on north Indians in Mumbai during the recent Railway Recruitment Board examination, the petitioner said the subsequent violence was uncalled for. He said the whole of Maharashtra went unruly and north Indians were attacked even as the administration remained a silent spectator.