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July 25, 2000

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I told them so, says Jethmalani

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Former Union law minister Ram Jethmalani said he felt vindicated with a Bombay court dismissing the case against Shiv Sena leader Bal Thackeray as time-barred.

"I feel vindicated," Jethmalani said. "I had told the home ministry exactly the same thing when my views as law minister were sought."

About the criticism by some lawyers of his views on the case, he said, "I pity [those] claiming to be experts in criminal law who have publicly declared that there is no limitation for any criminal offence.

"I think they have not read the law for the last 26 years since section 468 of the Criminal Procedure Code was enacted," he said.

Section 468 of the CrPC says: No court shall take cognizance of an offence of a category specified in subsection (2) after the expiry of the period of limitation.

Subsection (2) of section 468 says:

  1. The period of limitation shall be six months if any offence is punishable with a fine only,
  2. one year if the offence is punishable with imprisonment for a term not exceeding one year,
  3. three years if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

    The court, while dismissing the case on Tuesday, said, "The offence cannot be taken cognizance of as it is time barred... therefore, the accused is released and the case is closed."

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