The Week That Was: The Bombay High Court

The last week before the summer vacations was full of action at the Bombay High Court. From a news standpoint, the week ended on a high note when the much awaited judgement on the petitions challenging amended provisions of the Maharashtra Animal Preservation Act of 1976 was delivered..Here is a look at all that happened in Bombay High Court this week..Monday, May 2.Stay on the Jiah Khan trial lifted.Justices Naresh Patil and AM Badar lifted the stay on trial against actor Sooraj Pancholi and asked the trial court to go ahead with the process of framing charges. Jiah’s mother, Rabia (represented by Subhash Jha) had claimed it was a case of murder and sought the case to be transferred to CBI..The CBI filed it’s chargesheet, charging Pancholi under Section 306 of CrPC. The investigation was transferred to CBI after HC’s intervention. Questioning the logic behind Rabia’s arguements Patil J asked-.First you were not happy with the police investigation, now that the CBI has concurred with the police probe you are seeking the case to be transferred to an SIT, what will happen if tomorrow you are not satisfied with SIT probe? This stay cannot go on. .Subsequently, in a bizzare twist the state has now asked the trial court to charge Sooraj under murder and rape. The arguements will now continue in the trial court on May 20..Tuesday, May 3.Contempt notice against the Additional Chief Secretary.Abhay Oka and PD Naik JJ issued contempt notice to KP Bakshi (Additional Chief Secretary Home Department) for non-compliance of court orders. In an order passed on January 4 this year, the court had directed the state government to procure 1,843 noise decibel meters. The deadline for compliance was April. With the state’s failure in issuing a tender for procuring these devices despite sufficient time Oka J recorded in his order:.Affidavit tendered today shows gross breach of earlier order which is also wilful and deliberate. .The next date of hearing is 28 June..Final hearing on metro fare hike to begin on June 20.Chief Justice DH Waghela and MS Sonak J have now posted the petitions challenging the mumbai metro fare hike till June 20 with the interim stay on the hike to continue till then..The petitioners have raised constitutional issues in the matter and said that the Indian Tramways Act will apply in the matter, which is a central act. Hence a notice has been issued to the Attorney General Mukul Rohatgi..The metro operator, MMOPL backed by Reliance Infra had announced a hike which the MMRDA had opposed. Senior Advocates Prasad Dhakephalkar and Aspi Chinoy appear for MMOPL and MMRDA respectively..This was the only day of the week that Chief Justice Waghela was sitting in the High Court..Wednesday, May 4.Set up night shelters for the homeless ASAP.The BMC has been directed to take immediate steps in order to ensure that night shelters for the homeless are set up on lands that are vested under it. The direction came after senior counsel, Gayatri Singh appeared for the petitioners in a PIL highlighting the plight of the homeless in the city. Singh informed Justices Abhay Oka and PD Naik that the civic body had failed to take any concrete steps on this issue..Oka J enquired from the acting AG Rohit Deo as to why the funds made available by the centre for this purpose are not being utilized. Deo assured the bench that he would personally look into the matter..The following direction was given before the matter was adjourned to 21 June,.Collectors should nominate an officer not below the rank of tehsildar to identify land vested under the MMRDA in the locality that has already been suggested by the petitioner..Thursday, May 5.Convenience of litigants paramount.In a PIL seeking allotment of new premises for the High Court a fresh intervention application has been filed by Rajan Jayakar. His counsel, Vineet Naik, argued that the current building is a heritage structure and must be retained. Allowing the intervention, Oka J said:.This is the only High Court in the country which does not have a parking space. Staff members are working in inhuman conditions. This litigation is not for us, it is meant for future generations. Heritage factor must take a back seat. Some day the convenience of litigants will have to take precedence over convenience of lawyers..With regard to the allotment of land, which will be in the government colony in Bandra, acting AG Rohit Deo stated that an allotment would be made within a period of three months..Ensure that Section 176 (1)(a) of the CrPC is implemented.While hearing petitions regarding custodial deaths in the State of Maharashtra, Justices Abhay Oka and PD Naik has directed the state government to ensure that all all jail superintendents and SHO’s inform the judicial magistrate of any death in custody under Section 176(1)(a) of the CrPC..Although this section was added in 2006, statistics have revealed that there is hardly any compliance by the state police as far as this particular provision is concerned. Also, the authorities must inform civil surgeons in case of any such death so that inquest can be carried out immediately..Appearing for the petitioners, senior counsel Mihir Desai stated that many a times, pending magisterial enquiry is cited as an excuse by a police officer for not registering an FIR. Oka J recorded in his order that such practice is not permissible and must stop immediately..Public Prosecutor Sandeep Shinde clarified an earlier query made by the bench, stating that the enquiry under Section 176(1)(a) will go beyond merely establishing the cause of death.The next date of hearing in the matter is June 24.