Page 15 - Bombay High Court

Covid body bags purchase scam: Ex-Mumbai mayor Pednekar appears before EOW

Former Mumbai mayor Kishori Pednekar appeared before the Mumbai police's Economic Offences Wing on Monday in connection with an alleged scam in the purchase of body bags for COVID-19 victims, a police official said. On September 6, the Bombay High Court granted interim protection from arrest for four weeks to Pednekar, noting the case probe was on and at this stage custodial interrogation was not warranted. The court also directed Pednekar to cooperate with the probe in the case and appear before the city police's Economic Offences Wing (EOW) on September 11, 13 and 16 for questioning. On Monday, Pednekar reached the EOW office here at around 11 am to face an inquiry into the case, the official said. Pednekar approached the HC after a sessions court rejected her pre-arrest bail plea, saying she was accused of an economic offence involving a huge amount of public money. The EOW had registered a case against Pednekar and two senior officials of the Brihanmumbai Municipal Corporation

HC seeks Maha govt response on Swamy's PIL against Pandharpur Temples Act

The Bombay High Court on Monday sought the Maharashtra government's reply on a public interest litigation (PIL) filed by BJP leader Subramanian Swamy challenging the Pandharpur Temples Act. In the petition filed in February this year, Swamy claimed the Maharashtra government had taken over the administration of the Pandharpur town's temples in an arbitrary manner. A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor on Monday directed the government to file its affidavit and posted the matter for hearing on September 13. As per the plea, the state government through the Pandharpur Temples Act, 1973, had abolished all hereditary rights and privileges of ministrants and priestly classes for the governance and administration of the temples of Lord Vitthal and Rukmini in Pandharpur in the state's Solapur district. The law enabled the state government to control its administration and management of funds, the plea said. On Monday, another person Bheemach

No stay on MHADA lottery, HC rejects plea seeking reservation for SBC

The Bombay High Court has refused to pass any urgent orders on a plea seeking for the Special Backward Class (SBC) to be included as a reserved category in the Maharashtra Housing and Area Development (MHADA) lottery for housing allotments. The petitioner, Deepal Shahu Shirvale, had sought that the lottery, to be declared on Monday, be stayed pending hearing of the plea or for the SBC to be included in the reserved category. A division bench of Justices Gautam Patel and Neela Gokhale in their order on August 11 refused to pass any orders granting urgent interim relief on the plea, noting that there was no urgency. MHADA's advocate Uday Warunjikar opposed the plea and said the housing body has the power to frame rules and regulations. He said there are 11 reserved categories at present and the SBC category is not one of them. The bench while refusing any urgent relief observed the plea has not challenged the MHADA rules. We do not know how we can require the insertion of a special

Nitin Desai's death: No relief to Edelweiss officials, hearing on Aug 18

The Bombay High Court on Friday refused to pass any order granting urgent interim reliefs to Edelweiss company officials, accused of abetting the suicide of renowned film art director Nitin Desai, and said it would hear their pleas against the FIR on August 18. A division bench of Justices N W Sambre and R N Laddha also issued a notice to Desai's wife, who is the complainant in the case. Senior counsel Amit Desai, appearing for Edelweiss Financial Services Chairman Rashesh Shah, Edelweiss Asset Reconstruction Company's MD and CEO Raj Kumar Bansal and two other company officials urged the court to grant them interim protection from any coercive action and also sought quashing of the first information report (FIR) registered against them. Public prosecutor Aruna Kamat Pai told the court that the FIR in the case was registered only last week and that the probe in the case was still on. The bench then said it would hear the petitions on August 18. "Wait for a week. We will hear the ..

Bombay HC judge Rohit Deo resigns, says can't work against self-respect

As justice Rohit Deo announced his resignation, he also encouraged lawyers to work hard and apologised for being strict with them on certain occasions

HC stays further proceedings against sugar factory run by NCP's Rohit Pawar

The Bombay High Court has stayed any further proceedings to be initiated on an FIR filed against Baramati Agro Ltd, a firm controlled by NCP MLA Rohit Pawar, on charges of alleged disobedience of order passed by a public servant. Rohit Pawar is the grandnephew of NCP chief Sharad Pawar and nephew of Maharashtra Deputy Chief Minister Ajit Pawar. The company's executive director, Subhash Gulave, had filed a petition in the HC, seeking to quash the FIR registered pursuant to a complaint lodged by BJP legislator Ram Shinde, who lost to Rohit Pawar in the 2019 assembly elections from Karjat-Jamkhed constituency. A division bench of Justices N W Sambre and R N Laddha in its order passed on July 21 said it would hear the plea on September 11. Till then further proceedings shall remain stayed, the court said. As per the plea, in September 2022, a decision was taken in the state cabinet meeting that the crushing season for 2022-23 would start on October 15 and appropriate criminal action w

One should behave responsibly while uploading WhatsApp status: Bombay HC

One should behave with a sense of responsibility while communicating something to others via their WhatsApp status, the Nagpur bench of the Bombay High Court has said while refusing to quash a case against a man for posting content allegedly spreading hatred against a religious group. A division bench of Justices Vinay Joshi and Valmiki SA Menezes in its order on July 12 said the purpose of WhatsApp status nowadays is to convey something to your contacts. People keep checking the WhatsApp status of their contacts often, it noted. The bench dismissed the petition filed by 27-year-old Kishor Landkar, seeking to quash the FIR lodged against him for offences under the Indian Penal Code for intentionally hurting or offending religious sentiment or faith, as well as provisions of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act and the Information Technology Act. WhatsApp status can be a picture or video of what you are doing, thinking or something you have seen, .

Won't notify Fact Check Unit against fake news till Sept 4: Centre to HC

The three petitions sought the court to declare the amended Rules unconstitutional and direct the government to restrain from acting against any individual under the Rules

ED files fresh case against former Jet Airways promoter Naresh Goyal

The Enforcement Directorate has conducted eight searches so far in locations linked to Naresh Goyal after filing a fresh case where Canara Bank is the complainant

Aware of concerns of visually impaired, issuing banknotes huge task: RBI

The Reserve Bank of India on Wednesday told the Bombay High Court while it acknowledges the concerns of visually impaired persons regarding identification of currencies, introducing new banknotes was a monumental task that is time-consuming and also entails heavy expenditure. The RBI, in an affidavit filed in the HC, maintained the process of introducing a new series of banknotes is an extremely complicated and time-consuming process extending over a period of six to seven years. The affidavit was filed in response to a petition by the National Association of the Blind (NAB), claiming new currency notes and coins issued by the central bank posed difficulty for visually-impaired people in identifying and distinguishing them. The matter is being heard by a division bench headed by Acting Chief Justice Nitin Jamdar. The affidavit said the process adopted before introducing new series of banknotes involves multiple considerations, including incorporation of visually impaired-friendly .

Amended IT rules on fake news on social media may be excessive: Bombay HC

The Bombay High Court on Friday said the recently amended Information Technology (IT) Rules against fake content on social media against the government may be excessive, quipping that one cannot bring a hammer to kill an ant. A division bench of Justices Gautam Patel and Neela Gokhale also said it still does not understand the need behind the amendment to the Rules and stated it finds it difficult that one authority of the government is given absolute power to decide what is fake, false, and misleading. In a democratic process, the court said, the government is as much a participant as a citizen is and hence a citizen has the fundamental right to question and demand answers and the government is duty-bound to respond. The bench was hearing a bunch of petitions challenging the amended IT Rules. Stand-up comedian Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines have filed petitions in the HC against the Rules, terming them arbitrary and unconstitutional

Bombay HC refuses NCP leader Nawab Malik's bail plea on medical grounds

The Bombay High Court on Thursday refused to grant bail on medical grounds to NCP leader and former Maharashtra minister Nawab Malik in connection with a money laundering case being probed by the Enforcement Directorate (ED). Malik was arrested in February 2022 by the ED in the case allegedly linked to activities of fugitive gangster Dawood Ibrahim and his associates. The Nationalist Congress Party (NCP) is in judicial custody and currently undergoing treatment in a private hospital here. Malik had sought bail from the HC on medical grounds, saying he was suffering from a chronic kidney disease apart from various other ailments. He also sought bail on merits. A single bench of Justice Anuja Prabhudessai rejected Malik's plea seeking bail on medical grounds. The court said it would hear his plea seeking bail on merits after two weeks. Malik's counsel Amit Desai had argued his client's health was deteriorating since the last eight months and he was in stage 2 to stage 3 of a chroni

7/11 train blasts: HC yet to commence hearing on death penalty confirmation

Seventeen years since a string of powerful bombs ripped through Mumbai's commuter trains system in the evening rush hour on July 11, the Bombay High Court is yet to commence hearing on the confirmation of the death penalty given to five convicts in the case. On July 11, 2006, seven blasts were reported from different locations on the Western line of the city's local trains within a span of 15 minutes, killing more than 180 people and injuring several others. The first bomb went off shortly after 6:20 pm in a train plying from Churchgate to Borivali. The bomb exploded when the train was between the Khar and Santacruz stations. Another bomb exploded at around the same time in a local train between Bandra and Khar. Subsequently, five more explosions were reported from Jogeshwari, Mahim, Mira Road-Bhayandar, Matunga-Mahim and Borivali. Between 2006 and 2008, the Anti Terrorism Squad (ATS) of Maharashtra arrested 13 alleged members of the Indian Mujahideen terror outfit in connection wi

Fake news rules: Can statute have unbound discretionary authority, asks HC

Is it permissible in law for a statute to have unbound and limitless discretionary authority, the Bombay High Court asked on Friday while hearing a bunch of petitions against the recently amended Information Technology (IT) Rules against fake news. A division bench of Justices Gautam Patel and Neela Gokhale said before it goes into the effect the Rules would have on the fundamental rights of citizens, it needs to know the boundaries and limits of the words - fake, false and misleading - used in the Rules. The court was hearing a bunch of petitions challenging the IT Rules that empower the Centre to identify fake, false and misleading information posted on social media against the government and its business. Stand-up comedian Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines filed petitions in the high court against the rules terming them as arbitrary, unconstitutional and saying that they would have a "chilling effect" on the fundamental rights of ...

Bombay HC asks Centre why it needs a fact-checking unit when PIB exists

Bombay HC is hearing arguments against the amendments to the information technology rules suggested by the Centre, which includes a fact-checking unit for social media content

HC grants interim stay on notices to declare Naresh Goyal willful defaulter

The Bombay High Court on Thursday granted interim stay on two notices issued by IDBI Bank to Jet Airways founder Naresh Goyal and his wife Anita under provisions of the RBI's master circular to declare them as wilful defaulters. A division bench of Justices GS Patel and Neela Gokhale stayed the operation of the notices, related to a loan disbursed by the bank to the airline that was grounded in 2019, till July 24 when it would hear a petition filed by the Goyals. The 73-year-old businessman and his wife, in their plea, have challenged the notices, claiming they violated principles of natural justice. The petition stated that the bank had failed to provide the Goyals with the documents which they relied upon to pass the orders. The couple also claimed they had not been granted a hearing. "The (IDBI Bank) orders are in derogation of the intent behind the RBI master circular in that under the circular, the decision taken to classify a borrower as a wilful defaulter should be well ...

Fake news: If effect of law is unconstitutional, it has to go, says HC

The Bombay High Court on Thursday said that no matter how laudable or high the motives are while framing rules, if the effect of a rule or law is unconstitutional then it has to go. A division bench of Justices Gautam Patel and Neela Gokhale made the observation while hearing a bunch of petitions challenging the recently amended Information Technology Rules that empower the Centre to identify fake news against the government in social media. Stand-up comedian Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines filed petitions in the high court against the rules terming them as arbitrary, unconstitutional and saying that they would have a "chilling effect" on the fundamental rights of citizens. On April 6 this year, the Union government promulgated certain amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including a provision for a fact-checking unit to flag fake, false or misleading online ...

Ensure no illegal slaughter in south Mumbai housing society on Bakrid: HC

The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to ensure no illegal slaughtering of animals is carried out during the Bakrid festival at a residential colony in south Mumbai. Bakrid or Eid-al-Adha is being celebrated on Thursday. In a special urgent hearing held on Wednesday after the regular court hours, a division bench of Justices G S Kulkarni and Jitendra Jain said slaughtering can be permitted at the Nathani Heights society only if licence is granted by the civic body. "In the event, the Municipal Corporation has not issued a licence to undertake slaughtering of animals at the said place, the officers of the Municipal Corporation with the aid of the police personnel shall take appropriate action in accordance with law to prevent slaughtering of animals proposed for tomorrow (June 29)," the court said. The bench was hearing a petition filed by one Haresh Jain, a resident of the society, seeking complete ban on slaughtering of animals ...

Prior sanction taken from Home Ministry for probe not lawful, says Wankhede

IRS officer Sameer Wankhede on Wednesday told the Bombay High Court that the prior sanction taken by central agencies to prosecute him on corruption charges was not lawful as it was obtained from the wrong Union Ministry. Wankhede's counsel Aabad Ponda argued before a division bench of Justices A S Gadkari and S G Dige that the sanction to investigate him (Wankhede) was taken from the Home Ministry which was wrong. "Wankhede was employed under the Ministry of Finance. He was on loan basis transferred to the NCB which falls under the Home Ministry," Ponda said. Under section 17 A of the Prevention of Corruption Act, prior sanction is required to be taken before probing a public servant. Wankhede is an Indian Revenue Service (IRS) officer. The Central Bureau of Investigation (CBI) in May this year registered a criminal case against Wankhede, NCB Mumbai's former zonal director, for allegedly demanding a bribe of Rs 25 crore from Bollywood actor Shah Rukh Khan in exchange for not frami

Bombay HC fumes over last-minute stay application on LOCs to travel abroad

The Bombay High Court has expressed displeasure over last-minute applications filed seeking temporary stay on Look Out Circulars (LOCs) to travel abroad, and observed that such practice was not acceptable. A division bench of Justices Gautam Patel and Neela Gokhale in its order of June 23 said applications are filed after the applicants finalise their itineraries even before permission is sought from court. This is not a question of whether there is a right that is violated. In all these applications, it seems that the courts are more or less being taken for granted, that permissions will follow and that matters and, more importantly, that applications will be taken up on a priority basis and even out of turn to permit the applicants to keep to their itineraries, the court said. This is not acceptable, the bench said, noting that persons seeking stay on LOCs are required to approach the court in good time and not attempt to pressurise the courts. The court said when last minute ...