The Week That Was: The Bombay High Court

After the long Holi weekend, this week began with the swearing-in of four new judges. Apart from a number of important cases, it was the challenge against the sale of alcohol in PET bottles that hogged the headlines with hearings continuing throughout the week. The city’s lawyers turned petitioners in this week, seeking adequate infrastructure in two different court complexes. Here is a look at all that happened in the Bombay High Court this week..Monday, March 28.NGO to oversee construction work in Children’s home.A suo motu PIL listed before Justice Oka, the petition seeks the repair and reconstruction of a children’s observation home in Umrakhadi, Dongri. In January this year, government pleader Poornima Kantharia had submitted a compliance report which showed improvements made in the living conditions of these children. A fresh report by the JJB highlighted the need for further repair work and maintainence..The judge held that in order to ensure compliance of court orders, an NGO will be appointed in the next hearing so that unannounced checks can be conducted at these homes at regular intervals..Interim Relief for Emu Farmers to continue.The petitioner, an Emu farmer had challenged loan recoveries initiated by various banks after failure to pay them back last year..Senior counsel Mihir Desai who appeared for the petitioner, argued that the Central government had painted “a rosy picture” when it came to the financial rewards of emu farming but failed to provide requisite assistance to these farmers later on. Court had directed the banks not to attach any of the mortgaged properties of these farmers, this interim relief will continue..Mihir Desai also informed the court that the High court of Telangana and Andhra Pradesh in the same matter had given the centre time to take a decision regarding loan waiver to these farmers till January 31, 2016 which they have not..The union has been directed to file its reply in the next hearing..Tuesday, March 29.Wrongly on board.There were a couple of adjournments on this day, specifically due to the recent modifications in the assignments. In Justice Oka’s court a PIL concerned with circulation of counterfeit notes due to RBI’s policy was adjourned so was a PIL seeking implementation of the Maharashtra fire prevention and life safety measures Act, 2006. This confusion regarding which was the “appropriate bench” for certain PIL’s continued throughout the week..Wednesday, March 30.Submit progress report in match fixing probe.Justices Abhay Oka and PD Naik asked the Mumbai Police (Crime Branch) to submit a progress report in the investigation regarding alleged match-fixing and betting in 2013 Indian Premier League (IPL) cricket matches..The petitioner (appearing in person) Ketan Tirodkar, seeks a joint probe by CBI, Income Tax Department and Enforcement Directorate in the matter. The report will be submitted in the next hearing on April 27..Thursday, March 31.“You don’t require court orders to do your job”.In a PIL seeking facilities for the disabled at all railway stations, Oka J pulled up the railways for failing to implement the court’s orders..The facilities to be provided include raising platform height to 920 mm, lowering the height of booking windows, and installing tactile indicators..After visiting different railway stations all over the city, petitioner’s counsel Gayatri Singh informed the court that none of these stations had complied with any orders. When the railway’s counsel, Suresh Kumar sought extension of deadline (for making platforms disabled friendly) Oka J said that the railways simply wanted to delay matters. The General Managers of both, Western and Central Railways, have been asked to provide the exact deadline for completing the work. The matter will now be heard on April 21..Circular on weight of school bags applies to all.The state government informed the Justices AS Oka and PD Naik that the circular prescribing limits for weight of school bags applied to all schools in the state..The court was hearing a PIL filed by social activist Swati Patil on the increasing weight of school bags and the adverse impact it has on children’s health. In the next hearing on April 28, the state government is expected to provide details on mechanism’s put in place for implementation of the circular..Friday, April 1 .Ensure entry of women in temples.Chief Justice DH Waghela and MS Sonak J asked the state to ensure the effective implementation of the Maharashtra Hindu Places of Public Worship(Entry Authorization) Act,1956..In a PIL challenging the prohibition of entry of women into the Shani Shingnapur temple, CJ Waghela said,.“Ultimately, it is the fundamental right of women and it is the fundamental duty of the state to protect this right.”.Rohit Deo, the state’s acting Advocate General ensured that the state is against any form of gender discrimination and the said Act will be scruplously implemented..However, as per this report in The Hindu, activist Trupti Desai’s attempt to enter the inner sanctum of the temple was foiled yet again by temple authorities. An FIR against the Chief Minister for not implementing the High Court’s orders has been registered..Government Resolution banning use of PET bottles deferred.After hearings that went on for the entire week, Chief Justice DH Waghela deferred the implementation of a Government Resolution prohibiting sale of alcohol in polyethylene terephthalate (PET) bottles..The GR, issued as per the Maharashtra Distillation of Spirit and Manufacture of Potable Liquor Rules, 1966 and the Country Liquor Manufacture Rules has been deferred till June 30. and a prememptive hearing will be given on June 16..Till then the PET bottle manufacturers and all the other petitioners have been directed to ensure compliance with Plastic Waste Management Rules,2015..Courts are for litigants, not lawyers.The Bombay High Court is not too happy with the state of judicial infrastructure in the city. In a petition filed by the Dadar Bar Association regarding the re-construction of metropolitan courts, Justices Abhay Oka and PD Naik made their displeasure over the state government’s lackadaisical approach clear..Another matter, this one regarding the Mazgaon courts, was heard by Justices SC Dharmadhikari and GS Kulkarni. Although the matter was adjourned till Monday, Justice Dharmadhikari was not too pleased with the slow pace of progress..“Courts are not for lawyers and judges, they are for litigants. If the state is not interested in doing anything, the Bar Associations should start boycotting the courts, in that way maybe these issues will get the state’s attention.”