New Delhi: The Supreme Court today (Nov 29, 2004) set aside the Bombay High Court decision convicting Shiv Sena Supremo Bal Thackeray in a contempt case and sentencing him to two years imprisonment.

A Bench comprising Justice Y K Sabharwal, Justice D M Dharmadhikari and Justice Tarun Chatterjee allowed Thackeray's appeal saying that the High Court had erred in convicting him on a contempt petition, which didn't have the consent of the then Advocate General of Maharashtra.

The Supreme Court had laid down the rules that if a private person wanted the Court to initiate contempt proceedings against another, then the petition should have the consent of the concerned Advocate General or Attorney General.

The Nagpur Bench of the Bombay High Court in 1997 had convicted Thackeray in a contempt case filed by Congress leader Harish Pimpalkhute who had accused the Shiv Sena leader of making false charges against a judge.

The Apex Court held back as the contempt motion was not initiated by the High Court on its own motion but on the action of a private petitioner and the consent of the Advocate General should have been obtained.

The Apex Court said that the final amount of Rs 2000 deposited by Thackeray pursuant to the High Court order would be refunded to him.