2008 railway exam assault: Raj Thackeray's role in instigating attack not proved, says court

A Thane court acquitted Raj Thackeray and five others in a 2008 case of alleged assault on Railway Recruitment Board examinees, citing lack of evidence and prosecution failure.

A Thane court, while acquitting Raj Thackeray and others in a 2008 case of alleged assault on Railway Recruitment Board examinees at Kalyan station, has observed that the prosecution failed to prove MNS chief's presence or that he incited the attack.

The CD containing the alleged speech of Maharashtra Navnirman Sena (MNS) chief Thackeray was never produced or proved in court, and as admitted by the investigation officer, was ''left gathering dust'' in the police station from 2013 to 2026, rendering it devoid of any evidentiary value, the court observed in its May 21 order.

It was further acknowledged (during cross-examination) that the injuries sustained by witnesses could also have resulted from a stampede triggered by chaos in the large crowd, said the court order, a copy of which was made available on Sunday.

Thane's Chief Judicial Magistrate Abhijit V Kulkarni acquitted Raj Thackeray (57) and five others -- Akash Rajendra Kale, Santosh Nivritti Thackeray, Vishal Suresh Kamble, Kailash Prakash Choubey and Ganesh Prakash Choubey -- in the 14-year-old case.

The court noted that the prosecution had completely failed to substantiate the charges beyond a reasonable doubt.

The case stemmed from an incident on the intervening night of October 17 and 18, 2008.

According to the prosecution, the complainant, Harinarayan Shrichakkilal Ahirwar of Madhya Pradesh, had arrived at Kalyan railway station in Maharashtra's Thane district to appear for the written exam conducted by the Railway Recruitment Board for the post of goods guards.

While outstation candidates from Uttar Pradesh and Bihar were resting at the station's booking hall, eight to ten individuals armed with wooden sticks allegedly barged in. Shouting ''MNS Zindabad'' slogans, the attackers questioned candidates about their native states and ordered them to flee while physically assaulting them, the prosecution alleged.

The Kalyan railway police subsequently registered an FIR under various Indian Penal Code sections on charges of rioting, voluntarily causing hurt, criminal intimidation, assaulting a public servant and common intention.

The prosecution alleged that the MNS activists carried out the violence following an instigating speech delivered by Raj Thackeray. But the case collapsed during the trial as key eyewitnesses, including the injured victims, failed to identify the accused persons in court.

CJM Kulkarni made crucial observations regarding the lack of evidence against the accused and the failure of the investigating agency.

''Both these witnesses (the complainant and the eyewitness) stated in their cross-examination that they could not identify those who were committing the assault upon seeing them. Upon verification of the statements of both these witnesses, they did not state anything against any individual accused, and only supported the fact that the alleged incident had occurred,'' the court said.

The date and time of the examination are not mentioned in the documents (submitted by the prosecution), it observed.

During the cross-examination, ''it was also accepted that the injuries sustained by witnesses could also occur due to a stampede resulting from chaos in a massive crowd. In this background, significance cannot be attached to these certificates and the deposition of the witness,'' the court said.

''The CD or the speech therein was never produced or proved in the court for reasons best known to the prosecution itself, due to which there is no basis to say that it was imaginary or inflammatory...Legally, the certificate under section 65B, which is mandatory for the said CD, was not submitted, and the investigating officer admitted this in cross-examination,'' it noted.

Legally, the said CD was not preserved according to the necessary provisions, nor was it sealed, and the investigation officer explicitly admitted in the cross-examination that it was ''left gathering dust'' in the police station from the year 2013 to 2026. Therefore, the said CD cannot be given even an iota of weight value, the court said.

''The most important aspect is that concerning the main allegation against accused Raj Thackeray - that he personally incited other accused through his speech - not a single witness of the prosecution gave direct deposition for reasons best known to them,'' it pointed out.

''Therefore, it cannot be said purely based on imagination that accused Raj Thackeray incited the other accused,'' the court said.

Even though an attempt was made by the prosecution to submit prima facie some evidence regarding the alleged presence of the accused Kale at the crime scene, a sufficient doubt was created about it by the defence through the cross-examination of witnesses, it said.

Therefore, it is necessary that the accused Kale receives the benefit of doubt, the court said.

It ruled that the charges of gathering an unlawful assembly, beating up outstation candidates, and obstructing government work were not proved ''beyond a shadow of doubt''.

Two others accused in the case, Shailesh Parasmal Jain and Nilesh Baliram Ghone, died during the pendency of the trial.