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HC no to Jaidev plea to admit Raj speech as evidence

HC no to Jaidev plea to admit Raj speech as evidence

The Bombay High Court has rejected the plea of Jaidev Thackeray, estranged son of former Shiv Sena chief Bal Thackeray, to admit a video clip of a public speech made by his cousin Raj Thackeray in March, 2014 as evidence in his suit challenging the will left behind by his father.

Raj is the president of Maharashtra Navnirman Sena (MNS).

Justice Gautam Patel, on August 3, rejected Jaidev’s application saying the video clip cannot be admitted as evidence as he is not its author and it was only uploaded on a social media site.

“It is inadmissible in evidence simply on production by the defendant (Jaidev), as he is not the author or creator of that video clip. The very fact that it was uploaded on YouTube does not mean its contents are true. Uploads and downloads do not establish the correctness of contents,” Justice Gautam Patel said in his order.

The court is hearing Jaidev’s suit challenging the will of December 13, 2011, left behind by his father in which he was not given even a farthing. Among others in the family, Sena chief Uddhav Thackeray, the brother of Jaidev, has got a share in the property.

Jaidev disputed the will alleging his father was of unsound mind and that Uddhav influenced him.

The suit was filed after Bal Thackeray’s death in November 2012. Recently, Jaidev was cross-examined by Uddhav’s lawyer. The court midway directed that the proceedings be held in-camera.

Earlier, the court had asked the parties to settle the dispute, but it was not resolved.

The court has till now examined witnesses F D’Souza, Dr Jalil Parkar and Sena leader Anil Parab.

D’Souza told the court that Thackeray had made multiple wills, in all of which the beneficiaries remained the same, but the assets willed to each beneficiary kept changing.

Thackeray had prepared and executed his first will in 1997, and thereafter around eight to nine wills were executed, until the final one in 2011.

(Source : PTI)

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