PTI
 
New Delhi, Jul 5: The Supreme Court on Wednesday held that the legal heirs of a deceased complainant can move the trial court for permission to pursue the complaint.

A Bench of Justice Arijit Pasayat and Justice C K Thakker said the trial court shall decide the application on merits.

The ruling came on an appeal filed by Shiv Sena supremo Balasaheb Thackeray who had contended that the complaint stands abated with the death of complainant and the legal heirs could not pursue it.

Thackeray had allegedly defamed one Venkat, a Congress Sewa Dal worker in Mumbai by writing a defamatory article in Sena mouthpiece 'Samna' in 1994.

In the article, Thackeray had alleged that Venkat indulged in illegal activities including smuggling of arms.

Venkat, who had filed a criminal defamation complaint against Thackeray, died during pendency of the case.

Thackeray had challenged his summoning by the magistrate before the Bombay High Court, which dismissed his plea.