The Week That Was: The Bombay High Court

This past Monday was a highly awaited one, with Justices SC Dharmadhikari and Shalini Phansalkar Joshi pronouncing the final order in the Udta Punjab case. After concluding the order, while Dharmadhikari J expressed his frustration at the “grandmother” attitude of the CBFC and ordered a fresh certificate to be issued, none could predict that the judge’s name would actually be featured in the film’s CBFC certificate..Chief Justice Waghela remained absent throughout the past week; he is expected to resume work from this coming Monday but will be retiring on August 10 this year..Here is a look at all that happened in the Bombay High Court this week..Tuesday, June 14.HC refuses to dismiss PIL seeking probe in the Eknath Khadse controversy.Naresh H Patil and PD Naik JJ adjourned the PIL seeking an investigation into the Eknath Khadse controversy, asking the petitioners to annexe all additional documents to substantiate his case..The petitioner, an ethical hacker, alleges that he has relevant call records and other documentation to prove the former revenue minister’s link with terrorist Dawood Ibrahim. The petition states that since this is a matter of national security, a proper investigation needs to be conducted in the case. Looking to intervene in the matter Subhash Jha sought dismissal of the PIL stating it is not in public interest. Patil J declined to entertain the intervention..Wednesday, June 15.Jiah Khan case adjourned further.Rabia Khan, Jiah Khan’s mother has not been satisfied with the investigation being conducted in her daughter’s death. When Rabia went to the apex court seeking transfer of the probe to an SIT, SC refused to intervene and asked the High Court to decide (on the issue of constituting an SIT) expeditiously and so that the investigation can be concluded as early as possible..This was on May 17. However, a proper hearing is yet to take place in the matter. This time Rabia’s lawyer, Subhash Jha said his client had to travel to UK to look after her ailing daughter hence was not present and sought adjournment in the matter. He also said that the fresh affidavit filed by CBI has to be looked into and it will take some time to file a reply..Thursday, June 16.Interest of litigants paramount, we need to move forward.Justice Abhay Oka expressed displeasure at the instance of lawyers seeking to intervene in a PIL regarding the shifting of the Bombay High Court to Bandra..Senior counsel Janak Dwarkadas appeared for lawyer and historian Jayakar, arguing that the additional infrastructure required can be created in the existing High Court premises. This did not seem to find favour with Justice Oka who had previously stated that there is a “need to think about our future generations”..Oka J asked the petitioner whether a change of mind was possible, and posted the matter for June 30..Friday, June 17.Ensure beach safety by July 31.AS Oka and AA Sayed JJ has directed the state government to ensure that all beaches in the state are safe by July 31. The bench was hearing a PIL filed by Janhit Manch in 2010 seeking the implementation of a government resolution issued way back in 2006..The State government submitted that there are a total of 72 beaches in the state, and that the permanent appointment lifeguards for these beaches is yet to be done. Government Pleader AB Vagyani said that these appointments take time. However, Oka J asked for the details of the meeting held by the Chief Secretary on this issue on March 3..Although this PIL was filed in 2010, it recieved fresh media attention after the Murud beach tragedy where 13 students drowned. Lamenting on the loss of lives in these 10 years alone (ever since the GR was issued) Justice Oka said:.“How many more lives will have to be lost? It is a 10 year old GR which you are yet to implement.”.Jamshed Mistry appears for the petitioners..PIL seeking probe in blast cases diposed off.AS Oka and AA Sayed JJ disposed a criminal PIL filed by AAP leader Ashish Khetan seeking an investigation into the three blast cases of Malegaon 2006, German Bakery and July 11 train blasts. Khetan alleged that there was a pattern of investigation conducted by government agencies in these cases..PP Raja B Thakre informed the court that the state government had already filed an appeal in the Supreme Court against the High Court order in the German Bakery blast case. Also an appeal against the discharge of 9 accused in the Malegaon bomb blast case of 2006 has been filed in the High Court..Earlier Oka J had said that a writ court cannot look into any aspect of cases where appeals are pending..Chandrachud and Khanwilkar JJ felicitated by the Bombay Bar .The final day of the week also saw a felicitation ceremony for recently elevated judges, DY Chandrachud and AM Khanwilkar JJ. Both were judges of the Bombay High Court before being transferred to different High Courts..In a packed courtroom 46 of the Bombay High Court, both the judges recounted their experiences a lawyer and then a judge of the Bombay High Court.