Bombay High Court questions maintainability of PIL against Raj Thackeray

The Bombay High Court on Monday questioned the maintainability of a Public Interest Litigation (PIL) seeking registration of a First Information Report (FIR) against Maharashtra Navnirman Sena (MNS) president Raj Thackeray and his party workers, as well as the derecognition of the party, for allegedly targeting Hindi-speaking citizens and promoting Marathi imposition.

A Division Bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, while hearing the petition filed by advocate Ghanshyam Upadhyaya, asked him to first satisfy the court on the maintainability of the PIL.

Advocate Subhash Jha, appearing for Mr. Upadhyaya, submitted that MNS workers had harassed Hindi-speaking residents in Mumbai, Thane, Raigad, and Pune, and claimed that such actions threatened national unity, particularly in the run-up to the elections.

The Bench, however, questioned the need for a PIL in the matter, observing that affected individuals could directly approach the court. It decided to first hear arguments on the maintainability issue and will fix a date for the hearing in due course.

Mr. Upadhyaya had earlier moved the Supreme Court seeking withdrawal of the MNS’s recognition, citing a July 5 rally in which Mr. Thackeray allegedly incited violence against non-Marathi speakers and mocked Hindi-speaking States. The top court, however, advised him to approach the High Court.

The 114-page PIL, filed under Article 32, seeks strict action under the Bharatiya Nyaya Sanhita (BNS), including registration of an FIR and revocation of the MNS’s recognition. It alleges repeated acts of mob violence and assaults by the MNS chief and his party members, claiming that such actions posed a threat to India’s unity, sovereignty, and constitutional values.