The B&B Causelist #215: Malegaon blast accused, Drought-hit migrants, Nashik Bar Association & more

A summary of important cases from today’s causelist of the Bombay High Court..LIST OF CASES.High Court on Its Own Motion v. State of MaharashtraRabia A Khan v. State of Maharashtra & Ors.KK Ghuge v. State of MaharashtraAmit Maru v. State of MaharashtraLt. Col Prasad Shrikant Purohit v. Union of India and Anr.Bombay High Court.1. High Court on Its Motion v. State of Maharashtra.[Item 904 Court 52- PIL(C)/75/2016].Bench: VM Kanade, MS Sonak JJ.The court took suo-motu cognizance of an article in the The Hindu entitled Nanded’s drought refugees. This article highlights how migrants from drought hit areas like Nanded stay in the slums of Ghatkopar, and are forced to buy water from the BMC..The state and MCGM had been directed to file a reply on these issues..Today in court: Kanade J has directed the state to provide details on basic facilities such as toilets, amenities etc provided in temporary shelters. The high court registry will get information regarding the total number of displaced that are living in this area, how many have left and other relevant details. This matter will now be heard on July 14..2. Rabia A Khan v. State of Maharashtra & Ors..[Item 901 Court 54- WP(Cri)/669/2016].Bench: Naresh H Patil, PD Naik JJ.Rabia Khan, mother of late actress Jiah Khan, has sought a stay on the trial against Sooraj Pancholi. She is dissatisfied with CBI’s investigation and seeks an SIT to be formed. In the previous hearing, Patil J had declined a further stay on the trial. After Khan moved to the apex court seeking the same, the Supreme Court refused the intervene but asked the High Court to rule on the petition expiditiously..Yesterday the matter was adjourned as CBI had failed to file a reply and serve a copy to the petitioner..Today in court: This matter could not be heard due to paucity of time. The next date of hearing is July 15..3. KK Ghuge v. State of Maharashtra.[Item 3 Court 13- PIL(C)/137/2013].Bench: AS Oka, AA Sayed JJ.A PIL by the Nashik Bar association seeking allotment of a minimum of five acres of land for the district court premises in Nashik. The court complex comprises of ten court rooms that are very congested and basic facilities for litigants, lawyers etc are not provided..The State government is expected to file a reply regarding the allotment of land today..Today in court: Government pleader, AB Vagyani submitted that one of the officers of the PWD department visited the court premises during vacations, to which Oka J said – .Look at the attitude of the government. Why would he visit during court vacations? What sense does that make? Time has come to come down heavily on the state regarding judicial infrastructure..Vagyani also said the State government is willing to demolish the existing structure and accomodate the courts in some other location. Oka J categorically denied this saying the allotment of land must be made as soon as possible..State has now been directed to file its reply tomorrow on the question of alloting land under the home department or any other land..4. Amit Maru v. State of Maharashtra.[Item 17 Court 13- CRPIL/9/2015].Bench: AS Oka, AA Sayed JJ.This PIL challenges Para 11(iii) of Chapter IV of the Anti Corruption Bureau manual which essentially states that an enquiry on a Class I officer can be constituted only when it is sanctioned by the state government..State will file its reply today..Today in court: State government filed an affidavit stating that the concerned statute does not violate Article 14. Oka J said.“Simply stating that the statute does not violate Article 14 is not enough, you will have to satisfy the court as to why it doesn’t.”.The matter was adjourned and will now be heard on July 14..5. Lt. Col Prasad Shrikant Purohit v. Union of India and Anr.[Item 23 Court 54- APEAL(Cri)/138/2016].Bench: Naresh H Patil, PD Naik JJ.The appellant is the main accused in 2008 Malegaon blast case. The National Investigation agency has dropped all charges under MCOCA Act against him but various other charges under UAPA Act, murder, Arms Act etc have been applied. His appeal is against custody and he seeks bail..Today in court: Appearing for the appellant Shrikant Shivde argued at length today, drawing from the NIA’s chargesheet he said.The NIA has proved that the earlier documents (regarding RDX) filed before, linking my client to the blasts were fabricated. There is no evidence against my client. The antecedents of the accused (Purohit) are of immense importance. It’s a shame that we have kept such an intelligent army officer in jail for more than 7 years..The matter was adjourned and further hearing will take place tomorrow.

The B&B Causelist #215: Malegaon blast accused, Drought-hit migrants, Nashik Bar Association & more

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