The Week That Was: The Bombay High Court

This week’s news was dominated by the PIL seeking re-location of all 20 IPL matches to be played in Maharashtra. Although, Justices VM Kanade and MS Karnik refused to stay the inaugural match of this season, further hearings in the matter will commence from Tuesday..A couple of matters regarding court infrastructure came up, a notice of motion in a matter regarding Shivaji Park being a “silence zone” and the Maharashtra Navnirman Sena being given permission to hold a rally (with loudspeakers) was heard..Also, pursuant to earlier orders regarding railway platforms being disabled friendly, the Central and Western Railways submitted compliance reports. Here is a look at all that happened in the Bombay High Court this week..Monday, April 4.State disappoints yet again on allocation of funds for court infra.Hiten Venegavkar, AGP appearing for the State had a tough time defending the state’s allocation of Rs.510 crore for judicial infrastructure in this year’s budget. Whereas the cost for building the Mazgaon court complex alone is estimated at Rs. 387 crore..Dharmadhikari J made his displeasure known. He has now directed the Finance Secretary (who was present in court) and the Law Secretary to file an affidavit providing a time frame for these allocations, within two weeks..“Our daughter files frivolous complaints for publicity”.Pooja Mishra, a reality star, has filed a defamation case against Sunny Leone for allegedly making comments arising out of Leone’s “malice and jealousy”.Meanwhile, Mishra’s parents have filed an intervention application asking the court not to entertain the petition. Justices NH Patil and AM Badar adjourned the matter beyond vacations, as Mishra (petitioner in person) was not present..Tuesday, April 5.The proposed Maharashtra Clinical Establishments Act 2014.Justices AS Oka and PD Naik heard an application in relation to a criminal PIL which was filed after a patient was detained by the Seven Hills Hospital authorities for non-payment of dues..Diwakar Dwivedi, appearing for the petitioner raised two issues in relation to the state Act. Firstly whether hospitals can detain patients for non-payment of bills, and secondly, if there a provision to maintain checks for preventing false billing by hospitals..Although, Rui A Rodrigues appearing for the intervenors (Association of Medical Consultants) argued the case of smaller hospitals who may lose their business if patients refuse to pay bills, Oka J said that detention of a patient for non-payment is an offense under IPC..The Maharashtra Clinical Establishments Act 2014 has been notified for inviting suggestions from the public. State PP Sandeep Shinde has been asked to appear on April 13..Do CARA guidelines 2015 override the Juvenile Justice Act?.The petitioners are challenging several provisions of the CARA guidelines 2015. Many of them call it an “online baby shopping system” whereby prospective parents can choose from a “online catalogue” of children online..Senior Counsel Mihir Desai who is amicus, informed the court that since the 2015 guidelines are far more powerful than the 2011 guidelines, they will have to be converted into regulations, specially in light of a separate chapter on adoption in the new Juvenile Justice (Care & Protection of children) Act of 2016. .Oka J asked ASG Anil K Singh, to clarify the Union’s stand on this issue-.You have to categorically state that the 2015 guidelines do not override the separate chapter in the said act (on adoption) so that your stand is clear..Wednesday, April 6.Court refuses to stay the MNS rally on Gudhi Padwa.A notice of motion regarding “Gudhi Padwa” celebrations in Shivaji Maidan organised by the Maharashtra Navnirman Sena was heard by Justices AS Oka and PD Naik..After state GP Poornima Kantharia argued that under Rule 5(1) of the Noise Pollution(Regulatrion and Control) Rules, 2000 permission can be granted to hold such a rally, Oka J pointed out:.Relaxation cannot be given in a silence zone. This political party has been granted permission on the footing that Shivaji Park is a silence zone..Appearing for the MNS, senior counsel VA Thorat argued that there has to be some consistency as far as court orders are concerned referring to a precedent in a similar matter..The bench refused to interfere with the permission granted by the BMC to MNS. State has been directed to station the police at the rally in order to make sure that the decibel level is recorded. In case of any violation of Schedule D of the said rules, state must initiate criminal action under the Environment (Protection) Act, 1986. A compliance report will be filed by the state on April 15..Thursday, April 7.Court Infrastructure.In a petition seeking urgent structural repairs and reconstruction in two Metropolitan Magistrate court buildings at Dadar, state government informed the court that it has released Rs 64 lakh 60 thousand for urgent repairs..Acting AG Rohit Deo informed the court that the home department may have “competing aspirations” as far the acquisition of the land adjacent to the current premises is concerned. The state has been directed to clarify its decision regarding the construction of this new building in Dadar..A separate suo motu PIL, again pertaining basic infrasructure in courts, was listed before the same bench. In that matter state GP AB Vagyani informed the court that substantial compliance with regard to building toilets, installing water coolers etc has been made..Oka J pointed out that the state cannot release funds on the last few days of the financial year and expect the money to be utilized..This practice must be stopped -he said..Slowly moving towards disabled friendly platforms .In a PIL seeking to make all railway platforms in the city disabled friendly, railway’s counsel Suresh Kumar submitted a compliance report detailing installation of railings in most of the stations under Central and Western Railway..The report states that work regarding ramps, low height water tanks, low height booking windows etc has already started and will be completed before the deadline of August 2017 whereas stations beyond Virar will be disabled friendly by the end of December next year. The next hearing is on May 1..Why should we mistrust the CBFC?.Justices SC Dharmadhikari and GS Kulkarni disposed off a PIL filed by Peter Mukherjea’s sister seeking a stay on the bengali movie Dark Chocolate based on the Sheena Bora murder case..The film producers filed an affidavit stating that although the movie is now complete, the application for a certificate by the CBFC (Central Board of Film Certification) is still under process..Senior counsel Venkatesh Dhond appeared for the petitioner. He asked for the film to be shown to his client. The Division Bench denied this request, stating that Section 5B of the Cinematograph Act,1952 takes care of issues regarding defamation of an individual etc..Let the application for certification be processed by the CBFC, they are learned people, why should we mistrust them? said Justice Dharmadhikari.