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Attacks on North Indians
SC seeks Maha explanation
R. Sedhuraman
Legal Correspondent

New Delhi, November 10
The Supreme Court (SC) today issued notice to the Maharashtra government on a PIL seeking a directive to the state for protecting the lives and properties of people from other parts of the country.

A Bench comprising Chief Justice K.G. Balakrishnan and Justices P. Sathasivam and J.M. Panchal, however, rejected the plea of the petitioner, Salek Chand Jain, for seeking the response of Bihar and the Centre as well.

While Bihar was also witnessing hate attacks on people from other states, the Centre had a Constitutional duty under Article 355 to intervene in states that failed to protect the citizens, the petition contended.

Citing a specific incident in support of his contention that the Maharashtra government had failed in its Constitutional obligation, the petitioner's counsel Sugreev Dubey said two doctor brothers, Ajay and Vijay, were murdered by a mob provoked by Maharashtra Navnirman Sena (MNS) chief Raj Thackeray for refusing to close their clinic.

The state police even refused to register an FIR and this showed the total failure of the state machinery, the petitioner argued.

The court rejected another petition seeking a judicial inquiry by a sitting Judge of the Delhi High Court or the Supreme Court into the riots in Maharashtra and registration of cases against Raj Thackeray under the National Security Act. It had also sought transfer of cases against Thackeray outside Maharashtra.

The Bench clarified that the apex court was not in a position to entertain such prayers.



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