Page 9 - Bombay High Court

HC seeks probe details of case filed against Nawab Malik by Sameer Wankhede

The Bombay High Court on Thursday sought details from the city police of the probe into a case registered against NCP leader Nawab Malik under the Atrocities Act on a complaint of IRS officer Sameer Wankhede. Wankhede, the additional commissioner in the Directorate General of Taxpayer Services (DGTS) and a member of the Mahar Scheduled Caste, last week moved the HC seeking the case to be transferred to the CBI, alleging inaction by the police. A division bench of Justices Revati Mohite Dere and Prithviraj Chavan directed for Mumbai's Goregaon police station's officer concerned to remain present on the next date along with the case diary. The court said it shall be apprised of the details of the investigation in two weeks. Wankhede, in his plea filed through advocate Sana Raees Khan, has alleged that the police's inaction in the matter has caused him and his family significant mental distress and humiliation. In August 2022, the Indian Revenue Services (IRS) officer lodged a compla

Worrying trend of criminalising long, consensual ties after break-up: SC

Flagging the "worrying trend" where long term consensual relationships, upon turning sour, were sought to be criminalised by invoking penal laws, the Supreme Court on Tuesday quashed an FIR lodged against a man for alleged offences of rape and cheating. Noting that the relationship continued for nine long years in the case, the apex court observed if criminality was to be attached to such prolonged physical relationship at a very belated stage, it could lead to serious consequences. "It is evident from the large number of cases decided by this court dealing with similar matters as discussed above that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence," a bench of Justices B V Nagarathna and N Kotiswar Singh said. The top court delivered its verdict on an appeal filed by a man, who had challenged a February 2018 order of the Bombay High Court which dismissed

Bombay HC not to release Mihir in BMW hit-run case over 'illegal' arrest

The Bombay High Court on Monday refused to release Mihir Shah, the main accused in a BMW hit-and-run case, on the ground of "illegal" arrest. Shah, the 24-year-old son of a former Shiv Sena leader, and his driver Rajrishi Bidawat had filed petitions in the HC claiming they have been illegally detained and sought immediate release. Shah was arrested on July 9, two days after he allegedly rammed his BMW car into a two-wheeler in Mumbai's Worli area, killing 45-year-old woman Kaveri Nakhwa and leaving her husband Pradeep injured. His driver Bidawat, who was also present in the car at the time of the accident, was arrested on the day of the incident. As per their pleas, the police had not informed them the grounds of their arrest at the time, which they claimed was in violation of the law. A division bench of Justices Bharati Dangre and Manjusha Deshpande on Monday dismissed the petitions. "Both the petitions are dismissed," the court said. The duo sought their release, claiming any

Atrocities case: Wankhede moves HC seeking probe against Nawab Malik

Sameer Wankhede, former zonal director of the Narcotics Control Bureau (NCB), has urged the Bombay High Court to transfer the probe into an atrocities case against NCP leader Nawab Malik to an independent agency like the CBI. Wankhede, an additional commissioner in the Directorate General of Taxpayer Services and a member of the Mahar Scheduled Caste, alleged in his plea that police inaction in the matter has caused him and his family significant mental distress and humiliation. The Indian Revenue Services (IRS) officer had in August 2022 lodged a complaint with the suburban Goregaon police against Malik under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The complaint alleged that Malik had during interviews and on social media made defamatory remarks against Wankhede and his family members based on his caste. Malik has neither been arrested in the case nor has the chargesheet been filed till date. In his petition filed on November 20 in HC, Wankhede .

Bombay HC upholds rape conviction, says consent cannot apply to minor wives

The Bombay High Court upheld a 10-year prison sentence for a man found guilty of raping his minor wife, stating that consensual sex with a minor is legally considered rape, even in marriage

Bombay, Delhi HCs halt fake Skechers sales; 2,500 items seized in 3 cities

An ex parte injunction is a temporary court order issued without the other party's presence or participation. The term 'ex parte' means 'from one side'

Will hand over next tranche of land for new Bombay HC by Dec: Maha govt

The Maharashtra government on Thursday told the Supreme Court that it will hand over the next tranche of land by December for construction of the Bombay High Court's new building complex in Mumbai's Bandra region. The state government also informed a special bench comprising Chief Justice D Y Chandrachud and Justices B R Gavai and JB Pardiwala that so far it has not received the possession of the Air India building in south Mumbai where the mediation centre of the Bombay High Court is proposed to be shifted. The state government said possession of 30.16 acre of land will be handed over to the high court in a phased manner, adding the first tranche measuring 4.39 acres has already been given. Next tranche of land will be made available by December, Birendra Saraf, Advocate General of the state government, told the bench. The law officer also said a judges committee headed by the chief justice of the Bombay High Court has fixed the next meeting with state officials on November 12-13

Question only during office hours, don't make people wait: ED to officers

The Enforcement Directorate has issued a fresh circular directing its officials or investigating officers (IOs) to not question people called on summons at "unearthly" hours and not keep them waiting for hours at their office. The technical circular was issued on October 11 after the Bombay High Court directed the federal agency to issue directives in this context as it took up the petition of a person who was summoned by the ED and "detained overnight and interrogated." The HC found that the 64-year-old petitioner was summoned to the ED office for questioning and was kept waiting post mid-night. Recording of his statement, at unearthly hours, "definitely results in deprivation of a person's sleep, basic human right of a individual", it said. The court said it "disapproved" of such a practice by the agency and directed it to issue a circular or directive to its IOs regarding timing and recording of statement of people following issuance of summons under section 50 of the Prevention

No impediment in appointment of 7 MLCs: Maharashtra govt tells HC

The Maharashtra government on Tuesday told the Bombay High Court that there was no impediment in the appointment of seven MLCs for the 12 vacant posts in the state legislative council. Advocate General Birendra Saraf told a division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar there was no stay or injunction from the court or any assurance given by the government that the appointment would not be made. This was after an advocate appearing for a former municipal corporator and Shiv Sena (UBT) functionary Sunil Modi told the bench that the appointment of the seven MLCs was being done, even as order was reserved on his plea challenging withdrawal of a list of 12 MLC nominees sent to the governor in 2020 by the then MVA government. Modi's advocate Harshad Shrikandhe told the bench that the petitioner only wanted to bring to the HC's notice the development of the appointment of seven MLCs and nothing else. The bench queried if the seven nominated members included persons

Agreed to cuts by CBFC for 'Emergency', certificate can be issued: Zee

Zee Entertainment Enterprises, co-producer of Kangana Ranaut's Emergency' film, on Friday told the Bombay High Court it has agreed to the cuts suggested by the censor board. Senior counsel Sharan Jagtiani, who represented Zee, said the necessary cuts would be made and the film would be submitted to the Central Board of Film Certification (CBFC) for issuance of its certificate. Senior counsel Abhinav Chandrachud, appearing for the CBFC, said once the film is submitted after the cuts, the same would be verified and a certificate would be issued in two weeks. A division bench of Justices B P Colabawalla and Firdosh Pooniwalla accepted the statements and disposed of the petition filed by Zee Entertainment. The court said it would pass a detailed order later. We have worked it out, Jagtiani told the court. The movie, initially slated for a September 6 release, has been embroiled in a battle with the censor board for non-issuance of the CBFC certificate. Last week, the CBFC told HC th

Badlapur case: HC directs submission of report on custodial death by Nov 18

The Bombay High Court on Thursday directed the magistrate to submit by November 18 an inquiry report into the custodial death of Akshay Shinde, the accused in the Badlapur school sexual assault case. A division bench of Justices Revati Mohite Dere and Prithviraj Chavan gave this direction, and also ordered that all evidence related to the case be collected, preserved and checked by forensic experts. The bench also emphasized the police to include strong forensic evidence in its probe into the incident where the accused was killed in a police shoot-out. The law mandates that every custodial death has to be inquired into by a magistrate. Advocate General Birendra Saraf said all relevant documents have been forwarded to the magistrate for inquiry. The court said the magistrate shall commence the inquiry and hear all parties concerned. "The report shall be placed before us on November 18. The magistrate inquiry report is expedited," the HC said. The court was hearing a plea filed .

Father of Badlapur case accused moves Bombay HC seeking burial spot

The father of the accused in the Badlapur sexual assault case, who was killed in an alleged police shootout earlier this week, on Friday moved the Bombay High Court seeking a burial spot for his son. The father's advocate mentioned the application before a division bench of Justices Revati Mohite Dere and M M Sathaye seeking urgent intervention. The court said it would hear the plea in the afternoon. In his application, the father has sought the court's direction to the local civic body to arrange a spot to bury his son Akshay Shinde. Shinde, 24, was arrested of last month for allegedly sexually assaulting two minor girls at a school in Badlapur town, Thane district. Earlier this week, he was being escorted to Badlapur from Taloja jail in connection with a case registered against him on a complaint by his second wife when the alleged shootout occurred, resulting in his death. The incident took place near the Mumbra Bypass in Thane on Monday evening after Shinde allegedly snatched

'Where are the other bullets?' HC grills cops on Badlapur accused's death

The Bombay High Court has raised serious concerns about the police's account of the fatal shooting of Akshay Shinde, a sex assault accused, while in custody

Probe into death of Badlapur sexual assault case accused should be fair: HC

The Bombay High Court on Wednesday said the probe into the killing of Badlapur sexual assault case accused Akshay Shinde in a shoot-out should be carried out in a fair and impartial manner. The shoot-out could have been avoided if the police had tried to overpower Shinde first, the HC said, adding it was very hard to believe that he managed to seize a pistol from a police officer and open fire. Why the accused was shot in the head, and not on hand or legs first? the court asked. A division bench of Justices Revati Mohite Dere and Prithviraj Chavan said if it finds that the probe is not being done properly, then it would be constrained to pass appropriate orders. The bench posted the matter for further hearing on October 3, by when the police would have to take a decision on the complaint submitted by Shinde's father, seeking an FIR against the police officers concerned. "The investigation has to be done fairly and impartially. If we find that this is not done, then we would be ...

One person's fact, another's fake news: Media must improve verification too

It will benefit the media to make the standards of fact-checking more rigorous, with information being verified by at least two independent sources

Bombay HC strikes down amended IT Rules, terms them as unconstitutional

The Bombay High Court on Friday held as unconstitutional and struck down the amended Information Technology (IT) Rules which sought to identify fake and false content on social media against the government. The matter was assigned to Justice A S Chandurkar as 'tie-breaker judge', after a division bench in January delivered a split verdict on the petitions challenging the amended IT rules. Justice Chandurkar on Friday held that the rules violated constitutional provisions. "I have considered the matter extensively. The impugned rules are violative of Article 14 (right to equality), 19 (freedom of speech and expression) and 19(1)(g) (freedom and right to profession) of the Constitution of India," the judge said. The expression "fake, false and misleading" in the Rules was "vague and hence wrong" in the absence of any definition, he added. With this ruling, the high court allowed the petitions filed by stand-up comedian Kunal Kamra and others challenging the new rules, including the

Editors Guild welcomes HC verdict quashing amended IT Rules on fake news

The Editors Guild of India on Friday welcomed the Bombay High Court verdict striking down as unconstitutional the Information Technology Amendment Rules of 2023 on the formation of fact-check units by the government. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules sought to empower the Central government to form a Fact-Check Unit to identify "fake and misleading" information on social media platforms about its business. The Guild had moved the Bombay High Court in June last year, challenging the constitutional validity of certain provisions of the IT Amendment Rules of 2023. It had raised its concerns in its statement in April last year, stating that amendments to the IT Rules will have deep adverse implications for press freedom in the country. The Bombay High Court, while observing that the amended rules infringed the right to equality and freedom of speech, also said the rules being vague and broad could cause a "chilling effect

Decide on release of Kangana-starrer 'Emergency' by Sept 25: Bombay HC

Emergency, which features Kangana Ranaut, Anupam Kher, and Shreyas Talpade, is centred around the 1975 Emergency imposed by the then Indian Prime Minister Indira Gandhi

SC sets aside Bombay HC order imposing Rs 80 lakh fine on Sebi, NSE, BSE

The petition has been restored to the original file for disposal. "Let the matter be heard (by the Bombay High Court) for passing an interim or final order," the Supreme Court said

Three Singapore apex court judges share ceremonial benches at Bombay HC

In a first, three judges from Singapore's Supreme Court, including its Chief Justice Sundaresh Menon, were part of Bombay High Court benches on Friday. Chief Justice Menon of Singapore's Supreme Court shared a Ceremonial Bench with Bombay HC's Chief Justice Devendra Kumar Upadhyaya as well as Justices GS Kulkarni and Firdosh Pooniwalla in the historic central courtroom. The bench briefly heard petitions challenging reservation granted to the Maratha community in Maharashtra. Justice Ramesh Kannan of Singapore's apex court shared the bench with Justices Nitin Jamdar and MM Sathaye, while Justice Andre Francis Maniam from that nation shared the Ceremonial Bench with HC Justices KR Shriram and Jitendra Jain. Welcoming Singapore's Chief Justice Menon before the court began proceedings, CJ Upadhyaya said, "I am very glad and happy to announce that amongst us today is the CJ of Singapore Supreme Court. He was here in Bombay in 2015. I welcome him once again." Advocate General Birendra .