The Week That Was: The Bombay High Court

For a second consecutive week, the PIL on IPL matches being held in the state continued to grab headlines across all media. An order was passed by the division bench of Justices VM Kanade and MS Karnik on Wednesday, shifting all 13 matches that were to be held after April 30, outside Maharashtra. Although, the hearing on pending issues will continue, this order has given rise to a lot of debate with several cricketers expressing their disappointment..Also, the interim stay on metro fare hike continues as the matter was adjourned further. An intervention application in the Shani Shingnapur temple PIL was heard for admission in the Chief’s court (court room 52), the same court room also bore a deserted look twice this week as the Chief Justice was absent, he is due to retire in August..Here is a look at all that happened in the Bombay High Court this week..Monday, April 11.Where is the committee report on Custodial Deaths?.This question was asked by the division bench of Justices Abhay Oka and PD Naik during the hearing of a petition filed by Leonard Valdaris whose 24 year old son Agnelo allegedly died in police custody, a CBI probe is underway..A two member committee was formed in December to find remedies for curbing large number of custodial deaths in the state. This committee was supposed to file a report within three months which it failed to do. Senior counsel Mihir Desai is the Amicus in the case while Yug Mohit Chaudhary appears for the petitioner. All compliances will be reported by the state tomorrow..No stay on the release of movie ‘FAN’.Justice GS Patel refused to stay the release of the movie FAN in a suit alleging copyright infringement..Mahesh Doijode, a writer-director filed the suit against Yashraj Films, makers of the movie, claiming to have narrated the script to Aditya Chopra. Doijode’s application says that after watching the trailer of the movie he realized it had many similarities with his registered script entitled ‘ABHINETA’. He is seeking 25 crore in damages..The suit is pending and the respondents have been directed to file a reply within two weeks..Tuesday, April 12.Centre will form new rules for adoption.Additional Solicitor General Anil Singh informed the division bench of Justices AS Oka and PD Naik that the centre will be framing model rules for adoption before CARA (Central Adoption Resources Agency) brings out fresh guidelines. Until then, the guidelines of 2015 will continue to operate..The bench was hearing a PIL challenging the 2015 guidelines. The petitioners were opposed to one particular procedure laid down in these guidelines wherein prospective adoptive parents were given the option of selection from 6 children and in case no selection was done, they would be wind up at the bottom of the waiting list. This particular provision was also violative of Section 74(1) of the Juvenile Justice Act 2015..Oka J. also noted that the deadline given to the central government by the Supreme Court for framing model rules was June 13, 2016. Once these rules are framed, the state government will have to frame regulations in consonance with the same. The PIL has been disposed off but will be listed for ensuring compliances on June 21..What kind of social activism have you been doing?.Chief Justice DH Waghela ensures that petitioners satisfy this query before admission. The same question was posed to Subhash Jha, counsel for the intervenors in the Shani Shingnapur matter. Although the temple authorities have allowed entry of women inside the sanctum sanctorum in light of the high court order, the intervenors (villagers who reside near the temple) contend that it goes against tradition that has been in place for a long time..CJ Waghela has directed the intervenors to file written submissions detailing precedents and judgements where intervention has been allowed by outside parties in a PIL that has already been disposed off. He said the only remedy for them would be to challenge the previous order. The matter will be listed tomorrow..When will you allot land for the new High Court premises.The division bench of Justices AS Oka and PD Naik have asked the state government to give an outer limit for allotment of land for the new High Court complex..Acting AG, Rohit Deo submitted that a consultant is yet to be hired by the state for ensuring demarcation of plot from the new development plan. He said that an exact estimate of total area for the new building as well as chambers for lawyers will be given after a period of three months..The High Court administration had earlier proposed an allotment of 50 acres for the new complex. The state government has now zeroed in on the government colony in Bandra for the land. The state will file its reply on May 5..A grievance redressal mechanism for patients.The state government has been directed by the division bench of AS Oka and PD Naik JJ to set up a grievance redressal mechanism for patients. The bench was hearing a PIL filed by a patient who was detained by Seven Hills hospital authorities for non-payment of bills..The petitioner’s lawyer Diwakar Dwivedi argued that his client was overcharged by the hospital and there was no mechanism in place to monitor these queries. Amicus VA Thorat, submitted that since multi-speciality clinics and hospitals have branches all over the country, any legislation at the state level will be ineffective. Hence there was a need for a central legislation..Oka J said that only when criminal proceedings are initiated against such unlawful detention by hospital authorities, these instances will end..Additional Solicitor General Anil Singh will file the centre’s reply in the matter on June 15..Contempt notice issued to MNS leader.The High Court issued contempt notice to MNS leader NItin Sardesai for gross breach of noise levels at the party’s Gudi Padwa rally on April 8 at Shivaji Park. The notice was issued after a report submitted by the Senior Inspector, Shivaji Park Police station said that during the course of the rally, the decibel level reached upto 114.6 (permissible level is 50 in a silence zone)..We feel that this is a prima-facie case of gross breach which is also deliberate and wilfu l– Oka J said..Although the court had earlier refused to interfere with the permission granted by the BMC to MNS, it did ask the state to station police officials at the rally in order to make sure that the decibel level is recorded. The bench has directed the government and BMC to take appropriate action in accordance with law against Sardesai.