After a 17-year-long trial, the court found that the prosecution failed to establish what was displayed at the Shiv Sena leaders’ rally and subsequently acquitted them in the NCP leader’s case.
Maharashtra Deputy Chief Minister Eknath Shinde, Shiv Sena (UBT) chief Uddhav Thackeray and former MP Anand Paranjpe have been acquitted by a court in Kalyan in a 2009 defamation and election law violation case. The three leaders were part of the undivided Shiv Sena at the time.
The case was filed by late Nationalist Congress Party (NCP) leader Vasant Shankar Davkhare over a campaign rally held during the 2009 Lok Sabha elections.Joint Civil Judge and Judicial Magistrate First Class Santosh H Aage pronounced the judgment on September 23, acquitting Shinde and Thackeray of charges related to making false statements in connection with an election, defamation and printing defamatory matter under various sections of the Indian Penal Code.
A fifth accused, Sai Balaram Dharamdasani, died during the trial, following which proceedings against him were abated.Paranjpe had contested the 2009 Lok Sabha election against Davkhare. According to the complaint, audio and video recordings referring to Davkhare were played on a public screen during a political rally in Kalyan in April 2009.
The prosecution alleged that the accused had colluded to broadcast a doctored VCD at the rally and that the material had been manipulated to tarnish Davkhare’s image and influence the election outcome. Paranjpe went on to win the election.
Davkhare subsequently filed a criminal defamation complaint, alleging that the recordings played at the rally had defamed him.
During the prolonged trial, the court recorded the statements of 20 witnesses, including political leaders and police personnel deployed at the rally venue.
The prosecution, however, failed to establish exactly what had been displayed on the screens during the rally. The court also found that it could not establish a reliable chain of custody for the seized CD or conclusively prove that the audio-visual material had been manipulated.
Lawyers representing the Shiv Sena leaders questioned the authenticity of the recordings produced by the prosecution and argued that there was no direct link between the accused and the material played at the rally.
The court noted significant gaps and inconsistencies in the prosecution’s case and held that the charges had not been proved beyond reasonable doubt.
The acquittal comes years after the political landscape surrounding the case changed dramatically. The Shiv Sena and NCP subsequently split, with Shinde now leading the rival Shiv Sena, while Davkhare’s son Niranjan Davkhare is with the BJP.
Last month, both Thackeray and Shinde recorded their statements before the court via video conference and denied the allegations against them.Paranjpe, who later left the Shiv Sena for the NCP before returning to the Eknath Shinde-led Shiv Sena, was present in court on Wednesday.
“This defamation case stemmed from political allegations. We have always had immense respect for the late Vasant Davkhare and will continue to do so. He filed this suit following his election defeat, but the case lacked factual basis. Justice has finally been done,” he told reporters.
Advocate Jayesh Wani, who represented Uddhav Thackeray, also welcomed the verdict.
The court directed the acquitted accused to furnish personal bonds of Rs 10,000 each as part of the statutory procedure.
