“Where is the Chief Secretary’s Affidavit?” — Court Questions Government; Govt Counsel Stumped, Next Hearing on July 16
Mumbai | July 1
In a crucial hearing today, the Bombay High Court strongly rebuked the Maharashtra Government over its handling of the Disha Salian case. The matter involves serious allegations against Shiv Sena (Uddhav) MLA Aditya Thackeray, the former Commissioner of Mumbai Police, and other senior officials. The Court expressed displeasure over the evasive and improper response filed by the State.
“Where is the Chief Secretary’s affidavit?” — Court’s Sharp Query
During the previous hearing held on April 30, 2025, the High Court had issued clear directions that, considering the sensitivity of the case and the seniority of the accused, the Chief Secretary himself must file an affidavit.
However, during today’s proceedings, the Government Public Prosecutor informed the Court that the reply affidavit is not filed by the Chief Secretary but a Senior Police Inspector had submitted the reply.
Advocate Nilesh Ojha, representing petitioner Satish Salian, strongly objected to this and pointed out that despite the Court’s explicit directions, a junior officer was made to file the response — an act which amounts to defiance of judicial orders.
The Hon’ble Court questioned sternly:
“Why has the Chief Secretary not filed the affidavit? Why was our order disregarded?”
The Government Counsel had no convincing answer.
When the Court further asked:
> “Was the Senior Police Inspector authorized by the Chief Secretary to file the reply?”
The reply by APP was: “No.”
Government Not Prepared — Court Takes Tough Stand
The Court then asked whether the Government was ready for final arguments. When the Government Counsel said they were not, the Bench gave a strict warning:
“Be fully prepared with written instructions on the next date — July 16, 2025.”
Issue of Perjury and Contempt Raised
During the hearing, Adv. Sudeep Pasbola, appearing for Aditya Thackeray, argued:
“Mr. Satish Salian filed a writ petition directly in the High Court without making any prior complaint to the police.”
This was met with sharp objection from Adv. Nilesh Ojha, who urged the Court:
“This false statement must be taken on record, as it is factually incorrect and intended to mislead the Hon’ble Court. It constitutes the offences of perjury (false affidavit) and contempt of court.”
Ojha further clarified that Mr. Satish Salian had submitted a detailed 75-page written complaint to the Commissioner of police on March 25, 2025, and a copy of the same is already part of the court record. But then also the Advocate for Aditya Thackeray is making such false and baseless submissions.
Already an Application is filed by Sh. Satish Salian seeking prosecution of Aditya Thackeray and his Advocates for filing false and misleading affidavit.
Pending Petitions and Interim Applications which will be heard on 16th July are :-
Date Petition/Application No. Subject Matter
21-03-2025 W.P. No. 1612/2025 Filed by Satish Salian
15-04-2025 I.A. No. 8109/2025 Contempt action against IO and media persons
26-06-2025 I.A. No. 13010/2025 Challenge to false affidavit filed by PI Shailendra Nagarkar
01-07-2025 I.A. No. 13279/2025 Criminal prosecution sought against Aditya Thackeray and his advocates for false intervention
“This is not just a case, it is a conspiracy against democracy” — Adv. Ojha
Speaking to the media after the hearing, Advocate Nilesh Ojha stated:
“This is not an ordinary legal matter — it is a systematic misuse of state machinery to suppress the truth. Both the Investigating Officer and the Government Counsel have attempted to mislead the Court.”
The next hearing is scheduled for July 16, 2025. The Court is expected to take a much stricter stand going forward.
