Page 16 - Bombay High Court

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 ...

HC stays order allowing banks to declare account as fraud without hearing

The pleas said the circulars were in violation of the principle of natural justice as no opportunity to be heard was being given to borrowers before classifying their accounts as fraudulent

Bombay HC pulls PNB for inaction on diamantaire Nirav Modi's loan frauds

The Bombay High Court has pulled up the Punjab National Bank (PNB) for not taking steps to recover the huge amounts of money availed as loans by the fugitive diamantaire Nirav Modi.

'Defamatory' remarks against PM: HC extends relief to Rahul till Aug 2

The Bombay High Court on Monday extended till August 2 the interim relief granted to Congress leader Rahul Gandhi from appearance before a court here in a defamation complaint on his alleged remarks against Prime Minister Narendra Modi in 2018. The complainant, who claims to be a BJP worker, had alleged that Gandhi's "commander-in-thief" remark in the context of the Rafale fighter jet deal amounted to defamation. A single bench of Justice S V Kotwal adjourned the hearing on the plea filed by Gandhi challenging the summons issued to him by the local court in 2021 after the complainant's lawyer sought time. "The interim relief granted earlier to continue till August 2," Justice Kotwal said. Earlier, Gandhi was directed by the local court to appear before it November 2021 in a defamation complaint filed by Mahesh Shrishrimal. Gandhi then approached the HC challenging the summons issued to him. The high court in November 2021 directed the magistrate to defer hearing on the defamation

NCB had hidden motive of giving Aryan clean chit in drugs case: Wankhede

The NCB's Special Enquiry Team (SET) had an ulterior motive of giving a clean chit to Shah Rukh Khan's son Aryan Khan in a drugs-on-cruise case and suppressed material evidence against him, the anti-drug agency's former Mumbai zonal director Sameer Wankhede submitted to the Bombay High Court on Thursday. Wankhede, whose interim protection from arrest in the CBI's case of extortion and bribery against him was on Thursday extended by the HC till June 23, in his rejoinder affidavit claimed the SET has "twisted facts and labelled false allegations to jeopardise the career and character of honest officials". The affidavit also claimed the SET sought to give a clean chit to Aryan Khan by suppressing material information and evidences in violation of legal provisions. Wankhede filed the rejoinder affidavit in his petition seeking to quash the Central Bureau of Investigation's (CBI) case registered against him on charges of extortion and bribery. The CBI's case is that Wankhede and four ot

HC upholds GST rules on taxing intermediary services for clients abroad

Bombay HC didn't make any observation on what type of tax would be levied on such services offered by intermediaries

Won't notify fact-checking unit till July 10, Centre tells Bombay HC

The Union government on Wednesday told the Bombay High Court that it would not notify the fact-checking unit for identifying fake news against the government on social media till July 10. The Union Ministry of Electronics and Information Technology in its affidavit in response to stand-up comic Kunal Kamra's petition challenging the amended IT rules also said that the courts will be the final arbiters of what is true content and what is false. While the government defended the Rules, Editors Guild of India and Association of Indian Magazines also filed separate petitions challenging them on the ground that they are unconstitutional and arbitrary. The government's affidavit said the government has the obligation to not just protect the rights of those who post content on social media but also the rights of those who are consuming content. Any information identified as false and misleading by the fact-checking unit under the IT Rules would not result in automatic take-down of such ..

Won't notify fact-checking unit till July 10, Centre tells High Court

The Centre on Wednesday told the Bombay High Court it was extending till July 10 its earlier statement that it won't notify its fact-checking unit to identify fake news against the government on social media, even as two new petitions were filed challenging the recently amended IT Rules. The Union government had in April told the HC that the fact-checking unit would not be notified till July 5. The statement was made when the court was hearing a petition filed by stand-up comic Kunal Kamra challenging the constitutional validity of the Information Technology Rules. On Wednesday, a division bench of Justices Gautam Patel and Neela Gokhale was informed that two new petitions have also been filed challenging the Rules. The petitions filed by the Editors Guild of India and the Association of Indian Magazines claim that the Rules are arbitrary and unconstitutional. The court said it would hear all the three petitions from July 6. We shall take up the petitions for final disposal from J

Content posted against Serum Institute of India prima facie defamatory: HC

The Bombay High Court on Monday said content posted by two individuals and their organisations against vaccine manufacturing major Serum Institute of India (SII) was "prima facie defamatory" and directed them to delete it. A single bench of Justice R I Chagla also temporarily restrained them from posting any content against the company. The SII filed a defamation suit in December 2022 seeking damages to the tune of Rs 100 crore from the two individuals and their organisations for allegedly posting erroneous content against the company and its COVID-19 vaccine Covishield. The company had filed an interim application seeking the court to direct the defendants to delete their posts and to restrain them from posting such content pending final disposal of the suit. The High Court, in its interim order on Monday, said it was of the prima facie view the SII has satisfied the contents and accusations made by the two persons were defamatory. The bench noted that SII and its CEO and owner A

Content posted against SII prima facie defamatory, says Bombay HC

The Bombay High Court on Monday said content posted by two individuals and their organisations against vaccine manufacturing major Serum Institute of India (SII) was "prima facie defamatory" and directed them to delete it. A single bench of Justice R I Chagla also temporarily restrained them from posting any content against the company. The SII filed a defamation suit in December 2022 seeking damages to the tune of Rs 100 crore from the two individuals and their organisations for allegedly posting erroneous content against the company and its COVID-19 vaccine Covishield. The high court on Monday in its interim order said it was of the prima facie view that the SII has satisfied that the contents and accusations made by the two persons were defamatory. "I am of the prima facie view that the contents are per se defamatory. The vaccine is not banned. No case is made out by the defendants," the judge said in the interim order. The court will at a later date take up the company's suit