The Week That Was: The Bombay High Court

It was a mixed week for the Bombay High Court as a few important PILs came up for hearing, as well as some high-profile cases on the criminal side. With Harshad Ponda appearing for the accused, the hearing on appeals for all the convicts in the Bilkis Bano case began. CJ DH Waghela heard matters from his chamber throughout the week, he is set to retire on August 10..Here is a look at all that happened in the Bombay High Court this week..Monday, July 11.Pansare murder suspect’s bail rejected..Justice AM Badar heard the bail application of Sameer Gaikwad, the sole individual arrested in the Govind Pansare murder case. His contention that their wasn’t enough evidence to link him to the murder was rejected..SPP Harshad Nimbalkar argued that the prosecution has direct and circumstantial evidence against the accused, who if granted bail, would abscond. Badar J recorded in his order that in a telephonic conversation with a woman, submitted by the prosecution, the accused has confessed to the murder of the communist leader..Thursday, July 14.State says matrimonial websites in violation of IT Act.In a PIL petition seeking the effective implementation and greater awareness of the Dowry Prohibition Act of 1961. Acting AG Rohit Deo made his submissions on the issue of matrimonial websites posting ads that are in contravention of the said act..He said that although the state is well within it’s rights in shutting down these websites, it can be done more eefectively by the centre under the Information Technology Act as certain servers for these websites may be located outside the state. He opined that shutting down the websites for this reason may be a harsh step but it is up to the court to decide finally..The division bench of AS Oka and AA Sayed JJ have now asked the Additional Solicitor General Anil Singh to appear in the matter..Friday, July 15.Bombay HC slowly moving towards shifting .As state government is ensuring compliance to directions in the PIL seeking shifting of the Bombay High Court, the new premises may soon become a reality..Acting AG Rohit Deo informed the court that four expert technical consultants have been hired by the state government to ascertain the exact area required for the new premises, also curate other technical details about the new premises..Justice Abhay Oka reiterated that all bar associations across the state must submit their suggestions and the new building must be complete with all requisite facilities. After suggestions by bar associations are submitted appropriate directions will be issued..In the backdrop, former Chief Justice of the Bombay High Court, Sujata Manohar’s write up in The Hindu was also being talked about in the corridors by lawyers as well as journalists..Meanwhile, the bench also directed the petitioner to submit other data he may have obtained from the Lucknow bench of the Allahabad High Court, Saket Court and Gujarat High Court regarding construction of new court premises. The next date of hearing is July 25..Bombay HC to CBI prosecutor in the Bilkis Bano case: Please come prepared.The division bench of Justices VK Tahilramani and Mridula Bhatkar began final hearing of appeals of eleven convicts in the Bilkis Bano case. Also, CBI’s petition seeking death penalty for three of the convicts is being heard..After CBI counsel Hiten Venegaokar confused the names of witnesses, victims and convicts, Bhatkar J said-.“You are not prepared. Please take proper charge of the case. Read the case papers over the weekend. Prepare a chart of witnesses, victims, deceased persons, convicts and acquitted accused.”.Eleven men were convicted and sentenced to life by a special court in January 2008 for gangraping a five month pregnant Bilkis Bano and murdering seven of her family members in post-Godhra riots of 2002..The apex court had transferred the case to Mumbai in 2004.