The week that was: Bombay High Court

There has been a complete overhaul of the sitting list in the Bombay High court. These changes led to a rather slow start on Monday but important matters came along as the week progressed. The news was scattered yet significant..Here is a roundup of all that happened in the Bombay High Court this past week..Monday (March 7,2016).Who is the licensing authority for fire-safety measures?.Sharmila Ghuge had filed a PIL in 2014, seeking strict implementation of Maharashtra Fire Prevention & Life Safety Measures Act, 2006. The BMC informed the court that out of the 7196 buildings inspected in Mumbai, city and suburbs combined, almost seventy per cent have been issued notices for non compliance..Justice Abhay Oka asked the state to submit the name of the licensing authority who issues certificates for maintainence of fire prevention and safety measures. Also, a reply will be filed on the steps taken to curb non-compliance. This matter will now be heard on March 29..Wronged by the system, man seeks 200 crore compensation.Gopal Shetye, a man prosecuted for rape charges under section 376 of IPC was convicted by a fast track court in Sewri and sentenced to 7 years rigorous imprisonment. By the time he completed his sentence, his appeal was heard by Justice A.M. Thipsay and he was acquitted. During this time he spent in jail, Shetye’s daughters were sent to the orphanage and his wife remarried. He now seeks 200 crore in damages from the state, fast track court judge who convicted him and the additional public prosecutor, S.V. Gajare..This week Shetye’s application for interim relief of Rs.100 cr came up in Justice Naresh H Patil’s court.The state is yet to file a reply in this matter which has now been adjourned for four weeks..Tuesday (March 8,2016).You manufacture liqour, not bottles!.The distillers association of Maharashtra and PET bottle manufacturers filed a PIL challenging a notification by the state home department and a circular by the excise department. The notifications ban the use of PET bottles in storing, transport and packaging alcoholic beverages from April this year..Chief Justice D.H. Waghela directed the petitioners to formulate a mechanism for 100 per cent recycling of the PET bottles. Further hearing will continue on March 17. Senior Counsel, Milind Sathe appeared for the PET bottle manufacturers while Janak Dwarkadas is appearing for the distillers. AGP Hiten Venegaonkar, will file the state’s reply in the next hearing..Online “Baby Shopping” System.A group of petitioners have challenged the new adoption guidelines, calling it an ‘online baby shopping system’..The Central Adoption Resource Authority (CARA), a statutory body of the Ministry of Women and Child Development, claimed that the new system was fair, and requested the court to dismiss the petition as “it is devoid of merits.”.The petitioners have also said that the guidelines are not in consonance with the Juvenile Justice Bill of 2016, with Additional Solicitor General Anil Singh refuting the claim. The Division Bench headed by Justice Abhay Oka has admitted the petition for final hearing, the next hearing is on April 5..Braveheart rewarded on women’s day.Former ACJ V.K Tahilramani was the Chief Guest and six other women judges were the guests of honour in a celebration organized by the Advocates Association of Western India (AAWI) on the ocassion of International Women’s Day. The awardee was Dr. Roshan Shaikh, a 23-year old girl who lost both her legs in a near fatal train accident as a teenager..Shaikh who graduated recently was denied admission inspite of securing the third rank in the medical entrance exam on account of her disability. Her admission was secured after the High Court’s intervention. She has been given the ‘Women Achiever of the Year’ award and a cash prize of Rs.2.5 lakh..Wednesday (March 9,2016).Movie Dark Chocolate based on available information.Director Agnidev Chatterjee, and the producers of the Chocolate (based on Sheena Bora’s murder) filed an affidavit saying that the film was based on the information already avilable in public domain..The movie is still in the post-production stage and the court had earlier directed the producers not to release any further material without permission..The matter was adjourned, and arguments pertaining to the stay on Dark Chocolate‘s release will be heard on April 7..Sooraj Pancholi’s passport trials.Actor, Sooraj Pancholi who is charged for abetting the suicide of Jiah Khan filed an appeal seeking the release of his passport by the CBI to fulfill his professional committments..Appearing for the CBI, Hiten Venegaonkar expressed his apprehension at first but on the following day agreed to handing over the passport to the trial court where permission travel abroad can be sought. Justice Mridula Bhatkar allowed the plea and asked the actor to give an undertaking that he will return the passport when asked by the agency..Thursday (March 10, 2016).Formulate guidelines on police raids. .A Division Bench headed by Justice Abhay Oka has urged the Mumbai Police to formulate guidelines to build safeguards for avoiding raids like the one in Malwani. This suggestion was made after Public Prosecutor Sandeep Shinde, informed the court that the raids in question were conducted without informing a senior officer..The police had raided hotels and bars in Malwani area and imposed fine on several couples on the charges of indecency in August 6 last year. Sumeer Sabharwal filed this PIL calling the raids as ‘illegal, intrusive and unconstituional’.This matter will now be heard on April 15.Friday (March 11, 2016)You seek justice but look at your actions – High Court to Mallya’s lawyerThe service tax department filed two separate applications challenging a magistrate court’s order granting anticipatory bail to Vijay Mallya and for recovery of over 32 crore from Kingfisher Airlines and Mallya. Justice C.V. Bhadang has deferred the hearing to March 28.“It would be travesty of justice if Mallya leaves the country and does not return to pay the dues in the form of Service Tax, admittedly, collected from the passengers,” the Department earlier submitted in its application.Bhadang J questioned Advait Sethna, Mallya’s lawyer-“Notice for service tax was given on Dec 2, 2015 and you have responded as late as Feb 29, 2016. You seek expiditious hearing but look at your actions”