Mumbai Police tells Bombay High Court preliminary enquiry initiated against Uddhav Thackeray, family on disproportionate assets allegations

The Mumbai Police on Thursday told the Bombay High Court that it has initiated a preliminary probe into the allegations of disproportionate assets belonging to former Maharashtra Chief Minister Uddhav Thackeray and his family members [Gouri Bhide v. Union of India & Ors.].The statement came during hearing of plea by one Gauri Bhide seeking a probe into the allegations.The Chief Public Prosecutor Aruna Pai mentioned the plea before the Bench to inform that the Economic Offences Wing (EOW) had initiated preliminary enquiry into the allegations made by the petitioner in the PIL.While the petitioner quipped that she had not been informed of the enquiry, she emphasized that the investigation be transferrted to a Central government agency.After hearing both sides briefly, a division bench of Justices Dhiraj Singh Thakur and Valimiki SA Menezes reserved its verdict in the matter..Bhide, who appeared in person claimed that though Uddhav, his son Aditya, and wife Rashmi never disclosed any service, profession or business as their official source of income; they had properties worth crores in Mumbai and Raigad districts.Bhide further expressed astonishment at periodicals 'Marmik' and 'Saamna' - run by Thackeray family - showing a huge turnover of ₹42 crores and booking a profit of ₹11.5 crores during COVID-19 lockdown, when other print media faced losses. She also stated that the company was never subjected to the Audit Bureau of Circulation (ABC). Hence it was a clear case of turning black money to white, she said.Bhide claimed to have approached the Commissioner of Mumbai Police with a complaint which was also forwarded to Economic Offences Wing (EOW). She however claimed that no action was taken and was she not informed about the status of her complaint either.This prompted her to file the PIL. She sought directions to the State to take cognisance of the complaint filed with Mumbai Police and to the respondent agencies to submit status of investigation every month to the court..Senior Advocates Aspi Chinoy and Ashok Mundargi appearing for Thackeray family argued that there was a hierarchy of officials and proper process was required to be followed. Chinoy argued that while High Courts could intervene and initiate criminal procedure, there was no reason to not follow the procedure. The petitioner had failed to show extra-ordinary circumstances in the petition filed, Chinoy said. Chinoy also stated that just because a paper publication was making profits would not imply there was corruption in the publication. Mundargi added that for any court to intervene it was important that there be a cognizable offence. “All prayers are made on suspicion which will have no value,” Mundargi said. He also pointed out that the following was the requirement to approach High Court:There has to be a complaint lodged with the police station;If no action is taken, then a private complaint has to be filed before Magistrate;The Magistrate also does not take cognizance;It has to be shown that a person in power may influence the investigation;Then only High Court can be moved..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.