Additional Chief Metropolitan Magistrate of the 37th court N B Pokharkar also exempted executive editor of the newspaper, Sanjay Raut and printer-publisher Subhash Desai. The magistrate adjourned the matter to November 12, 1998.

Counsel for Thackeray, Rajendra Shirodkar, Ashwin Mody and Deepak Thakkar submitted that Thackeray be exempted for a day because he was suffering from bronchitis and chest pain. They informed the court that Raut had gone to flood-affected areas of Manor in Thane district while Desai had left for Pune in connection with official business.

On August 14, 1998, the court had issued summons to Thackeray, Raut and Desai under sections 500 (defamation), 501 (printing or engraving defamatory matter), 502 (sale of such matter)and 114 (common intention to defame) of IPC for carrying an editorial in the daily allegedly defaming Azmi.

Azmi's counsel Majeed Memon and Abbas Kazmi opposed the exemption granted to the accused saying public figures like Thackeray should be more transparent in the eyes of the law. As regards Raut not being present, Memon said that his case was genuine and as regards Desai remaining absent is not a permissible adequate ground. The counsels further submitted that their client was not present before the court today as he was granted exemption till September 23 by the court after he applied for exemption to go abroad for a pilgrimage.

They argued that the impugned editorial titled Ha Azmi Kon (Who is this Azmi), published in Saamna on July 1, 1998 was `defamatory, scandalous and contemptuous' as it said that Azmi's hands were stained with blood of victims of 1993 serial blasts in Mumbai. It also allegedly said that a pillar be erected in memory of victims where Azmi be hanged.