In a disappointment for Shiv Sena leader Uddhav Thackeray, the Bombay High Court on Monday refused his plea for in-camera hearing of late Bal Thackeray’s will row.
On Monday, Jaidev Thackeray strongly opposed Uddhav Thackeray’s application seeking in-camera trial. “No reason has been cited for seeking in-camera trial, apart from the fact that there is a public figure involved. The application has to be substantiated by strong reasons,” advocate Seema Sarnaik, appearing for Mr. Jaidev, pleaded.
The court too upheld the contention. “One is a public figure is no criterion to give this matter preferential treatment or to make an exception that is not applicable (in this case),” Justice Gautam Patel said.
But the judge also passed strong comments against Jaidev Thackeray when he pleaded that the trial “should not at all be allowed to be in-camera.” “This statement gives an impression that your client (Jaidev Thackeray) is inclined to play to the gallery. I will not allow this. This trial will go on like any other trial,” Justice Patel said.
Uddhav Thackeray’s lawyer had pleaded that some witnesses might not feel free if they were to know that their statements were to be recorded publicly. “Given the identity of the plaintiff and their standing in the society, I propose in-camera trial,” advocate Rajesh Shah pleaded.
But the court refused to allow it. “I can understand if the matter was about assault on a woman, or about matrimonial dispute. But in this case, the judgement will anyway be in public domain, the record will be available publicly. I don’t want to give a blanket stay. This is the price of being a public figure,” Justice Gautam Patel said.
The court, though, allowed Uddhav Thackeray to seek in-camera trial of specific witnesses, if he could substantiate his application with sufficient evidence. Mr Uddhav had also sought that evidence of two attesting witnesses be recorded before recording the statement of the plaintiff. But the court refused this plea too. The court has already framed issues in the matter. It will start examining the witnesses from December 4.
