Page 4 - Bombay Hc

Mumbai hoarding collapse: HC rejects Bhavesh Bhinde's plea against arrest

The Bombay High Court on Friday dismissed the petition filed by advertising firm director Bhavesh Bhinde, arrested in the Ghatkopar hoarding collapse case, in which he claimed that his arrest was illegal and sought immediate release. A division bench of Justices Bharati Dangre and Manjusha Deshpande said it has not found any legal infirmity and no impairment in the procedure mandated while arresting a person. "We find no legal infirmity. The ground of illegal arrest and detention by the petitioner is nothing but a faux. There is no impairment in the procedure. The petition is dismissed," the court said. Bhinde sought that the FIR registered against him be quashed claiming that the hoarding collapse of May 13, which killed 17 persons, was an "act of God" and he be released on interim bail pending hearing of the plea. He has been booked for culpable homicide not amounting to murder. His lawyer Rizwan Merchant had argued that Bhinde was arrested from Udaipur on May 16 and was then ...

SC to hear plea against Bombay HC ban on hijab, burqa in colleges on Aug 9

The Supreme Court on Thursday said it has listed for hearing on August 9 a plea challenging the verdict of the Bombay High Court which had upheld a decision of a Mumbai college to impose a ban on wearing of 'hijab', 'burqa' and 'naqab' inside the campus. A bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra took note of the submissions of a lawyer that the term exam is commencing from today and the students, belonging from a minority community, are bound to face difficulties due the instructions on dress code. Lawyer Abiha Zaidi, appearing for petitioners, including Zainab Abdul Qayyum, sought urgent hearing saying the unit tests in the college are commencing. "It is coming up tomorrow (Friday). I have listed it already," the CJI said. The high court had on June 26 refused to interfere with the decision of the Chembur Trombay Education Society's N G Acharya and D K Marathe College imposing the ban, saying such rules do not violate students' ...

2018 arms haul case: HC grants bail to 5 accused citing lack of evidence

The Bombay High Court has granted bail to five persons arrested by the Maharashtra Anti Terrorism Squad (ATS) in connection with a 2018 arms haul case and for allegedly conspiring to attack the Sunburn festival in Pune, citing prima facie insufficient evidence to prove the conspiracy charge. A division bench of Justices Bharati Dangre and Manjusha Deshpande, in the order of July 30, also took note of the long incarceration of the accused persons with bleak chances of the trial ending soon. The ATS arrested five persons in 2018 after it seized arms, ammunition and explosives from the residence of two other accused in the Nallasopara area of Thane district. The ATS had claimed the arms and explosives were to be used to target the Sunburn festival in Pune in December 2017. The bench perused the witness statements and other evidence submitted by the prosecution in its chargesheet and said they were "insufficient". "We have prima facie formed an opinion that these statements are ...

SC to hear plea challenging Bombay HC's ban on hijab, burqa in colleges

The Supreme Court on Tuesday said it has ordered listing of a plea challenging the verdict of the Bombay High Court which had upheld a decision of a Mumbai college to impose a ban on wearing of 'hijab', 'burqa' and 'naqab' inside the campus. The high court had on June 26 refused to interfere with the decision of the Chembur Trombay Education Society's N G Acharya and D K Marathe College imposing the ban, saying such rules do not violate students' fundamental rights. It had said a dress code is meant to maintain discipline which is part of the college's fundamental right to "establish and administer an educational institution". Taking note of submission seeking urgent listing of the appeal, a bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra said it has already assigned a bench for the matter and that it would be listed soon. Lawyer Abiha Zaidi, appearing for petitioners, including Zainab Abdul Qayyum, sought urgent hearing saying the unit test

HC issues summons to Waikar on petition by UBT candidate over LS seat

The Bombay High Court on Monday issued summons to Shiv Sena's Ravindra Waikar on a petition filed by Shiv Sena (UBT) candidate Amol Kirtikar challenging his election from Mumbai North West Lok Sabha seat. Kirtikar had lost to Waikar, who is part of the faction led by Chief Minister Eknath Shinde, by a narrow margin of 48 votes. While Waikar got 452644 votes, Kirtikar garnered 452596 votes. In his election petition filed earlier this month, Kirtikar sought HC to set aside Waikar's election as "null and void". Kirtikar sought that he be declared as elected from the constituency. A single bench of Justice Sandeep Marne on Monday issued summons to Waikar and the 19 other respondents (remaining candidates from the constituency) and posted the matter for hearing on September 2. "Issue summons to respondents returnable on September 2," the court said. Kirtikar, in his plea, claimed that on the counting day itself he had filed an application seeking recount of the votes as there was ...

HC criticises illegal hawking, asks if stalls be allowed outside mantralaya

The Bombay High Court on Monday came down heavily on the police and civic authorities for their inability to find a solution for the illegal hawking menace and asked if vendors would be allowed to put up stalls outside the Mantralaya or the governor's house. A division bench of Justices M S Sonka and Kamal Khata said if the issue of illegal hawkers and vendors was a recurring problem, a permanent solution is required, and the authorities cannot claim to be helpless. The court said there must be a stop, and it cannot keep recurring blatantly. It also lamented the fact that the civic bodies and police authorities do not take any action on citizens' complaints against illegal and unauthorised hawkers and vendors. "You (authorities) want citizens to come and sit in court every day? This is sheer harassment of people. This is complete lawlessness. The corporation does not look into citizens' complaints, and the police do not. What should a common man do?" the court said. "Those who wan

Gangster Dawood declared terrorist in individual capacity, says Bombay HC

The Bombay High Court has said fugitive gangster Dawood Ibrahim has been declared a terrorist in his individual capacity under Unlawful Activities Prevention Act (UAPA) and, hence, any association with him or his gang would not attract provisions of the stringent law. A division bench of Justices Bharati Dangre and Manjusha Deshpande, in an order of July 11, details of which were made available on Friday, granted bail to two persons held by the Maharashtra Anti Terrorism Squad in August 2022. The ATS had claimed Faiz Bhiwandiwala, from whom it seized 600 grams of ganja, and Parvez Vaid, were members of Dawood Ibrahim's gang. The duo was booked under UAPA for being members of a terrorist organisation, committing terrorist acts and collecting funds for commission of an offence as well as under Narcotic Drugs and Psychotropic Substances (NDPS) Act provisions. In its judgment, the HC said the Union government had issued a notification on September 4, 2019, notifying "Dawood Ibrahim ...

Legitimate right of Rahul Gandhi for speedy decision on defamation case: HC

The Bombay High Court has said Congress leader Rahul Gandhi has a legitimate right for an expeditious decision on merits over a 2014 defamation complaint for his alleged remarks against the Rashtriya Swayamsevak Sangh. A single bench of Justice Prithviraj Chavan in the order of July 12 said Article 21 of the Constitution provides the right to a speedy trial for everyone and a free and fair trial is something that is absolutely necessary. The court made the remarks while allowing Gandhi's petition to quash a magistrate's order permitting an RSS worker to submit fresh and additional documents in the pending criminal defamation complaint. A detailed copy of the order was made available on Tuesday. In 2014, Sangh worker Rajesh Kunte lodged a defamation complaint before the Bhiwandi magistrate's court, claiming the Congress leader had made false and defamatory statements during a speech that the RSS was responsible for the assassination of Mahatma Gandhi. In 2023, the magistrate court

T-shirts, torn jeans also not allowed in Mumbai college after hijab ban

A city-based college, which has been in news for imposing a ban on hijab, has now also barred students from wearing torn jeans, T-shirts, "revealing" dresses and jerseys, or a dress that reveals religion or shows "cultural disparity". The Chembur Trombay Education Society's N G Acharya and D K Marathe College, in the notice issued on June 27, also said students should wear a formal and decent dress while on campus. Students can wear a half or full shirt and trousers. Girls can wear any Indian or western outfit, it said. The directive came after the Bombay High Court on June 26 refused to interfere in a decision taken by the college to impose a ban on hijab, burka and naqab on its premises, observing that such rules do not violate students' fundamental rights. "Students shall not wear any dress which reveals religion or shows cultural disparity. Nakab, hijab, burka, stole, cap, etc shall be removed by going to the common rooms on the ground floor and then only (students) can move ..

Govt should realise sports play big role in development of citizens: HC

Sports play a significant role in the development of people and nation and it is high time the government gives it equal importance than the "commercialisation and concretisation mantra", the Bombay High Court has said. A progressive state can never be oblivious of such needs of the society, a division bench of Justices G S Kulkarni and Jitendra Jain on Monday. It quashed the Maharashtra government's 2021 decision to relinquish 20 acre land in Navi Mumbai for a 'Government Sports Complex' and shifting it to a remote place at Mangaon in Raigad district, 115 km from the existing site. In 2003, the land was earmarked for the sports complex. In 2016, the planning authority allotted a portion of it to a private developer for residential and commercial purposes. The HC said the authorities are required to be alive to not only the present but the future rights of citizens for open places, playgrounds and sports complexes. "We may observe that considering the present plight of metro citie

'It's a shame': HC calls for urgent action on Mumbai local train deaths

'Sorry to use this word. I feel ashamed of how passengers are made to commute locally,' the HC division bench said during the hearing on Mumbai local train fatalities

Bombay HC directs Subhash Chandra to furnish documents sought by Sebi

Zee founder had filed writ petition against regulator's summons in fund diversion case

Karan Johar files lawsuit against film 'Shaadi ke Director Karan aur Johar'

Bollywood producer Karan Johar has moved to Bombay High Court against film's producers, IndiaPride Advisory, Sanjay Singh, and writer-director Bablu Singh for using his name without permission

SC asks Maha govt to conduct safety audit of Bombay High Court building

The Supreme Court on Tuesday took note of concerns over the safety of the 150-year-old Bombay High Court building and the need for additional space, and directed the Maharashtra government to forthwith conduct a safety audit of the heritage structure. A special bench of Chief Justice D Y Chandrachud and Justices B R Gavai and J B Pardiwala also asked the government to expedite drawings of the site earmarked for constructing new high court building in Mumbai. Observing that the state government must act with alacrity to fulfil the needs for facilities in the high court, the bench asked the state PWD to take up the matter in right earnest. It also said the high court may consult the state PWD and others on expediting the drawings. In order to ensure the structural safety of the existing premises, the State PWD will forthwith conduct a safety audit and apprise it on the next hearing of the steps taken on that regard, the bench said. The top court exercised its suo motu (on its own) ..

Bombay HC gives split verdict in case challenging FCUs under IT Rules

Justice Patel ruled in favour of the petitioners, striking down the rule and Justice Gokhale dismissed the petitions, and upheld the rule

SC extends stay imposed by Bombay HC on order granting bail to Navlakha

The Supreme Court on Friday extended the stay imposed by the Bombay High Court on the operation of its order granting bail to activist Gautam Navlakha in the Elgar Parishad-Maoist links case. A bench of Justices M M Sundresh and S V N Bhatti also directed the top court's Registry to place before Chief Justice of India D Y Chandrachud the National Investigation Agency's (NIA) plea to decide on tagging the petition with cases of other accused. The Supreme Court said it was not inclined to say anything on the merits of the case. The Bombay High Court had on December 19 last year granted bail to Navlakha but stayed its order for three weeks after the NIA sought time to file an appeal in the top court. Navlakha, who was arrested in August 2018, was in November last year permitted by the Supreme Court to be placed under house arrest. He is currently residing in Navi Mumbai. The case relates to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31,

Undertrial prisoners should be produced via video-conferencing : Bombay HC

The Bombay High Court has said undertrial prisoners should be produced before courts via video-conferencing (VC) whenever permissible, as bringing them physically to courts for every hearing was a cumbersome procedure. A single bench of Bharati Dangre directed the Maharashtra government to make necessary funds available to ensure that every court is provided screens and other video-conferencing facilities. The court order dated November 10 was made available on Friday. The issue was raised in a bail plea filed by one Tribhuvansing Yadav, who had claimed that his application for bail in the lower court was adjourned on 23 occasions, as he was not produced before the court physically or through video-conferencing. The bench noted that as per a report submitted by the inspector of prisons and correctional services in September, 39 prisons in Maharashtra have 329 sanctioned video-conferencing units, of which 291 were functional. The court, in its order, stated that if the facility is

HC pulls up Maha govt for delay in website creation for sales tax tribunal

Tribunals in a progressive state like Maharashtra cannot remain primitive in embracing technology, the Bombay High Court said, while rapping the Maharashtra government for dragging its feet on the creation of an official website for the state sales tax tribunal. A division bench of Justices G S Kulkarni and Jitendra Jain, in its order of October 12, said it should not take so long to create and make the website functional. In the present era, the courts and tribunals, which cater to the demands of the consumers of justice, cannot be expected to function without the basic requirement of an official website, to say the least, the court said. The bench cited the Supreme Court's observation that technology plays an essential role in securing access to courtrooms and as a result, access to justice for citizens across the country. In embracing technology, the tribunals in a progressive state like Maharashtra cannot remain primitive. Providing a website would certainly enhance the efficie

Social media has become 'weapon of mass distraction', says Bombay HC judge

Social media or mass media have become weapons of mass distraction, but there are no concerted efforts yet to tackle them, Justice Mahesh Sonak of the Goa bench of the Bombay High Court said on Saturday. Addressing the students of G R Kare College of Law in Margao town during a lecture series 'GRK-Law Talks', Justice Sonak also said that he prefers to remain "uninformed" about several issues by not reading or seeing the news, which he thinks is "better than being misinformed". "Today, we live in an age where we adore and glorify machines like computers and smartphones that think. But we are extremely suspicious or even wary of the human beings that attempt to think," he said. "Artificial intelligence has its own merits, but it would be a sad day and sad world if we were to mortgage our ability to think, our ability to make intelligent and, moreover, sensitive choices, to a machine or an algorithm, however intelligent it may be," Justice Sonak said. "We should not want to atrophy ou

Bombay HC reserves order on plea maintainability in Akasa-pilot matter

The order, which will now be pronounced on 27 September, will decide if the troubled airline can proceed with the case before the Bombay High Court