The Week that was: The Bombay High Court

A wide range of cases were heard this week in the Bombay High Court. From a PIL alleging rape by a former minister, IPR disputes in the Mahyco Monsanto case, to the Sandeep Gadoli encounter matter, there were quite a few important hearings this week..February 22,2016.“My client may lose her life”.Aabad Ponda appeared in PIL regarding the alleged rape by a former minister, Laxman Dhoble..Appearing for the complainant, Ponda said that withdrawing the complainant’s security may cost her life as she was recently assaulted by unknown people on a motorcycle..PP Sandeep Shinde, appearing for the police, said there was no threat perception and more importantly the complainant herself was an accused in a misappropriation of funds case..After much deliberation Justices Ranjit More and V.L. Achliya JJ finally permitted the state to withdraw the complainant’s security..Infrastructure in the POCSO courts.Appearing in a suo motu PIL on the infrastructure in Maharashtra’s courts, amicus Ashutosh Kumbhakoni confirmed the state’s claim that adequate security had been provided at the Bandra Magistrate court and the Sessions court..Kumbhakoni, however, also said that the POCSO courts needed more attention. He said that accused are produced right in front of the victims which has a grave psychological impact on the victims..A.S. Oka J asked the state to file a reply addressing this concern..February 23, 2016.This was largely a day of adjournments. The sony pictures matter was adjourned since the chief arbitrator appointed declined citing conflict of interest. Another appointment was made subject to confirmation by the lawyer in question..Senior counsel N. Venkatraman appeared for Mahyco Monsanto, and made his final submissions. Vijay Sonepal, counsel for one of the BT cotton seeds manufacturers begun arguments, with the hearing to continue on March 1..February 24 .Custodial Deaths.The State filed a comprehensive compliance report in the Valdaris case, providing details on custodial deaths in the state. APP MM Deshmukh, said that state CID has already been directed to submit a monthly report on custody deaths to the High Court. The process of installation of CCTV cameras in 25 police stations will commence soon..Yug Mohit Chaudhri, petitioner’s counsel expressed his disappointment on the charge sheet filed by CBI demanding the accused to be charged under POCSO as well. CBI’s counsel Sandeep Shinde will now file a reply in April 11..Greater awareness of anti-dowry laws.In a PIL on the need for greater awareness of anti-dowry laws, TISS’ Mahrukh Adenwala, stressed on the need to have full time Dowry Prohibition Officers in order to make the implementation of the Dowry prohibition Act more effective. She also argued in favour of publicly advertising data regarding deaths, suicides and other related problems to raise awareness..The BMC has also been made a respondent in the matter, with the matter to come up on March 23..Adoption guidelines.A number of stakeholders in adoption regulation were heard patiently by Justices V.M. Kanade and Revati Mohite Dere JJ. Amicus Mihir Desai argued in favour of amending two particular provisions in the 2015 guidelines..Additional Solicitor General Anil Singh assured the court that all future directions can be incorporated in these guidelines as they will soon be converted into regulations..February 25,2016.Interim stay in Jiah Khan trial.One of the first matters taken up was Rabia Khan’s petition challenging the CBI report categorising her daughter’s death as suicidal not homicidal..Seeking an SIT to re-investigate the case, Rabia also sought the FBI’s assistance as Khan was an American citizen. Subhash Jha, petitioner’s counsel pointed out various anomalies in the post mortem report..Justices Ranjit More and V.L. Achliya JJ ordered an interim stay on the trial against Sooraj Pancholi, who was present in court during the proceedings..Fresh chargesheets against Bhujbal & family.The Anti-Corruption Bureau filed a fresh chargesheet against the former minister and his family members in the Maharashtra Sadan scam case. Another charge sheet was filed in the Hex-world case against Bhujbal’s son Pankaj and nephew Sameer. A third charge sheet will be filed in the case of kickbacks received in awarding contracts for land belonging to Mumbai University..Senior counsel Gayatri Singh had earlier said the ACB was taking a lot of time to conduct their investigation. This matter will now be heard on March 24..February 26,2016.Shortfall in devices for detecting drunk drivers.Government Pleader, A.B. Vagyani filed an affidavit detailing the number of devices being used by the city and state police for detection of drunk drivers. He said there was a shortfall of 208 breath analyser devices in Mumbai alone. Justice A.S. Oka has directed the state to ensure procurement of these devices within four months. Other issues under the implementation of the Motor Vehicles Act 1988 will be heard on March 11..Illegal Hoardings.Complying with previous order by Justice Oka, political party leaders and workers charged with contempt submitted fines for erecting illegal hoardings. A total of Rs.3.6 lakh was deposited, of which Rs.1.7 lakh would go to the CM’s Relief Fund, Rs.25,000 to the BMC, and Rs.1.65 lakh to the NAAM Foundation working for farmers in Vidarbha and Marathwada..In addition, more posters have been discovered in the city, and those whose names are displayed have been asked to either furnish an amount of Rs. 25,000 per poster or a contempt notice will be issued against them..Some of these leaders include the likes of Sharad Pawar, Rahul Gandhi, Raj Thackrey, Udhav Thackrey and Chhagan Bhujbal. The State government has been asked to also file a reply regarding a poster displayed at CST during the Mumbai marathon held in January..This matter will now be heard on March 9.