The Week That Was: The Bombay High Court

It has not been the most hectic week at the Bombay High Court. The Haji Ali judgement was set to be pronounced on Tuesday, but did not make it to the day’s causelist. Meanwhile, the petition against the Maharashtra CET for law saw some extensive arguments being made. With respect to shifting the High Court, a resolution passed by the Bombay Bar Association indicated that the association would not object to the shifting..Here is all that happened in the Bombay High Court this past week..Monday, June 27.Maharashtra Law CET.Justices SC Dharmadhikari and Dr. Shalini Phansalkar Joshi heard arguments over the petition challenging the Maharashtra Common Entrance Test (CET) for law..Former AG Shreehari Aney appeared for the state and Pradnya Talekar appeared for the petitioner. Talekar argued that the exam is being conducted under Maharashtra Unaided Private Professional Educational Institutions (Regulations of Admission and Fees) Act of 2015 which does not even cover government institutions. Aney argued that petition ought to be amended as the vires against the relevant government notifications that were argued did not find mention in the petition originally. For more details read our report..Tuesday, June 28.State now wants to reclaim wetlands?.The division bench of Justices AS Oka and AA Sayed rebuked the state government on the issue of reclamamtion of wetlands. This was after the AGP GW Mattos submitted that centre’s wetland atlas is an information document and has no legal standing. The PIL in question was filed by an NGO called Vanashakti seeking implementation of the Wetland Rules 2010..Earlier this bench had directed the state to submit data regarding all wetlands which it failed to do. Instead the state sought modifications in an earlier order dated March 2013 which banned any construction on wetlands..Refusing to modify the order, Oka J said,.“If we vacate the Order, the destruction of these wetlands will start.”.The state has now been asked to reconsider the plea for modification of the previous order..Wednesday, June 29.Rabia Khan’s petition adjourned for the fourth time.The petition filed by deceased actress Jiah Khan’s mother, Rabia Khan seeking the formation of a Special Investigation Team to investigate her daughter’s death was adjourned for the fourth time by Justices Naresh H Patil and PD Naik. These adjournments have been sought by Rabia’s lawyer, Subhash Jha who informed the court on past two ocassions that the petitioner is in UK to attend to her ailing daughter. The matter will now be listed tomorrow..Thursday, June 30.New HC Building, not a far fetched dream after all.“This exercise is not for the benefit of the judges, convenience of judges is the last priority”.The division bench of AS Oka and AA Sayed JJ made these observations while hearing a PIL seeking shifting of the High Court to bigger premises. Interestingly, in an extraordinary general meeting called by the BBA, a resolution declaring that the bar would not oppose the shifting in principle was passed on 28 June. This resolution was taken on record. Also, the Bombay Incorporated Law Society was impleaded in the case..Intervenor Rajan Jayakar who has been responsible for renovation and repair work of courtrooms and the High Court museum sought to withdraw his application as he will now file a fresh petition in the matter..Also, another PIL tagged with this matter was dismissed. The petitioner was asked to approach concerned authorities inthe state government with his suggestions. He had suggested to acquire buildings adjacent to the current premises so that shifting can be avoided.