Mumbai Jan 18 PTI The Bombay High Court on Tuesday commuted to life imprisonment the death sentence awarded to sisters Renuka Shinde and Seema Gavit who were convicted by a Kolhapur court for kidnapping 14 children and killing five of them between 1990 and 1996A bench of Justices Nitin Jamdar and S V Kotwal commuted the death sentence awarded to the two women after holding that the Maharashtra government and the Centre had caused inordinate delays in executing their death sentence and had breached their fundamental rightsThe bench noted that the government authorities particularly the state government had acted casually delayed protocol despite being aware of the seriousness of the case and did not execute the death sentence awarded to the women despite their mercy petitions being rejected by the President over seven years agoThe Maharashtra authorities had delayed processing papers related to the mercy petitions filed by the convict women and a bunch of mercy petitions filed by others on their behalf it saidThe state prison authorities had failed to follow the protocol of informing the convicts about the status of their pleas the state government officials had delayed sending relevant details to the Union ministry of home affairs and in seeking a hearing in HC the bench notedThough the procedure for deciding mercy petitions mandates speed and expediency the state machinery showed indifference and laxity at each stage the court saidThe High Court noted in its judgement that the womens conviction and death sentence for having kidnapped 14 children and killing five of them was upheld by the Supreme Court in 2006Their mercy petition was rejected by the President of India in 2014The day that their death sentence was to be executed in August 2014 the sisters filed the present plea in the High Court seeking that their death sentence be commuted due to inordinate delay in its execution and that they be released from custody immediatelyThe High Court noted that the state made a statement on not executing the death sentence till the plea was heard finally but did nothing to seek circulation or schedule the next hearing and the plea was heard finally by the court in September-October 2021The position of law that an unexplained delay in disposal of mercy petitions may result in commuting the death sentence was already holding the field when mercy petitions by the petitioners were made the bench saidDespite this legal position only due to the causal approach of the officers of the respondent state Maharashtra the mercy petitions were not decided for 7 years 10 months and 15 days it saidThe bench of Justices Jamdar and Kotwal said that the state machinery showed indifferenceThat it took over seven years for movement of files is unacceptable Dereliction of duty of the state is the reason for commuting the death sentence it saidThe sessions court in Kolhapur had convicted the accused and sentenced them to death in 2001 The death sentence was confirmed by the High Court in 2004 and thereafter by the Supreme Court in 2006The convicts approached the governor with a mercy petition in 2008 which was rejected in 2012-13 After that they approached the President with a mercy petition and the same was rejected in 2014The sisters argued before the High Court that they had both suffered over 25 years in custody and had therefore invoked their fundamental right under Article 21 through the present petitionThe women urged the court to commute their death sentence to a life term and to also order for their release forthwith considering the 25 years they already spent behind by bars as the life sentence already undergoneAdvocate Sandesh Patil appearing for the Centre argued that the mercy petition had been sent across to the President as soon as it was received from the state government and that there had been no delayThe President had decided on the application within 10 months he saidThe bench allowed the womens petition partly by commuting their death sentence to life It however refused to allow them to be released from custody stating that the two women will have to serve their life sentence till the end of their natural life considering that the crime committed by them was heinousThe argument of the state Maharashtra government that they death sentence should be executed today overlooks that it is the dereliction of its officers that is the cause for commuting the sentence of death sentence to life imprisonment it saidThe High Court further said that while the state was supposed to represent the interest of the society in a criminal justice system in the present case the state machinery had not only violated the constitutional rights of the two convicts but it had also failed the innocent victims of a heinous crime PTI AYA ARU ARU

Mumbai Jan 18 PTI The Bombay High Court on Tuesday commuted to life imprisonment the death sentence awarded to sisters Renuka Shinde and Seema Gavit who were convicted by a Kolhapur court for kidnapping 14 children and killing five of them between 1990 and 1996 A bench of Justices Nitin Jamdar and S V Kotwal noted that the Maharashtra and Union governments had inordinately delayed the execution of the death sentence awarded to the two women even though their mercy petition filed before the President was rejected in 2014 Such delay was the reason for commuting their death sentence to life imprisonment the High Court said noting that it showed the casual approach of the state and Union governments The bench further said that the primary reason for its decision to commute the death sentence was the dereliction of duty of the state machinery The two women who have been in custody since October 1996 had in 2014 petitioned the High Court to commute the death sentence to life term citing unreasonable delay by the state in dealing with their mercy petitions The sisters had said that such delay violated their fundamental right to life The convict women in their plea in the High Court said they had been living under the fear of death for more than 13 years from the time that the High Court and Supreme Court confirmed their death sentence The delay in deciding the mercy petitions was entirely attributable to the executive including the Maharashtra governor state government Ministry of Home Affairs and the President of India they stated On Tuesday the bench of Justices Jamdar and Kotwal said The inordinate delay in executing the death sentence even after their Shinde and Gavit mercy petition was rejected shows the casual approach of state officers The state machinery showed indifference That it took over seven years for movement of files is unacceptable Dereliction of duty of the state is the reason for commuting the death sentence it said The sessions court in Kolhapur had convicted the accused and sentenced them to death in 2001 The death sentence was confirmed by the High Court in 2004 and thereafter by the Supreme Court in 2006 The convicts approached the Governor with a mercy petition in 2008 which came to be rejected in 2012-13 After that the convicts approached the President with a mercy petition and the same was rejected in 2014 The sisters argued before the High Court that they had both suffered over 25 years in custody and had therefore invoked their fundamental right under Article 21 through the present petition The women urged the court to commute their death sentence to a life term and to also order for their release forthwith considering the 25 years already spent behind by bars by them as the life sentence already undergone Advocate Sandesh Patil appearing for the Centre argued that the mercy petition had been sent across to the President as soon as it was received from the state government and that there had been no delay The President had decided on the application within 10 months he said The High Court bench allowed the womens petition partly by commuting their death sentence to life It however refused to allow them to be released from custody stating that the two women will have to serve their life sentence till the end of their natural life considering that the crime committed by them was heinous The position of law is that an unexplained delay in disposal of mercy petitions may result in commuting the death sentence Despite this legal position only due to the casual approach of the officers of the respondent state the mercy petitions were not decided for over seven years the court said There was laxity on the part of the state officers and this is unacceptable The files did not move for over seven years even when the electronic modes were available Dereliction of duty of the officers of the state is responsible for commuting of the death sentence to life term it observed In causing such delay the state had not only breached the fundamental rights of the convicts but it had also failed the victims in case the court said We however decline to release them forthwith as the crime committed by them is heinous The brutality with which the children were murdered is beyond words to condemn The SC also dismissed their petition saying that they were a menace to the society it said while cancelling and setting aside the warrant for execution of death sentence PTI AYA ARU ARU

Mumbai Dec 21 PTI The Bombay High Court on Tuesday dismissed an appeal filed by the National Investigation Agency NIA against the bail granted to Naresh Gaur an accused in the Antilia bomb scare caseA bench of Justices Nitin Jamdar and Sarang Kotwal dismissed the central agencys appeal challenging a special NIA courts order of November 20 granting bailIt did not find any irregularity in the lower courts order the bench said pointing out that as per the NIAs own charge sheet Gaurs case was different from that of the other accusedThe special court had observed that Gaur did not prima facie on the face of it seem to have had any knowledge of the larger conspiracy to place a vehicle with explosives and a threat letter outside industrialist Mukesh Ambanis south Mumbai residence Antilia or about the subsequent killing of businessperson Mansukh Hiran the bench notedThe high court also noted that Gaur had been in custody since his arrest in March and he was not likely to abscond while out on bailWe have even independently assessed the material against Respondent No1 Gaur We see no reason to interfere with the impugned bail order The Respondent No1 is in custody since 21st March 2021 The prosecution has not shown any material which suggests that the Respondent No1 would abscond or would tamper with the evidence the HC saidGaur is the only accused in this high-profile case to get bailHe is accused of procuring SIM cards for prime accused and former Mumbai police officer Sachin WazeThe special court granted him bail on November 20 but stayed its own order for 25 days to enable the NIA to file an appealGaur challenged the stay before a single judge of the High Court who set aside the stay so the NIA moved a division benchArguing for the NIA Additional Solicitor General Anil Singh had argued that the reasoning of the special judge was not proper The fact that Gaur had procured SIM cards illegally showed that he was part of the conspiracy to commit murder Singh saidGaurs counsel senior advocate Shirish Gupte argued that Gaur was not involved in the planting of explosives or Mansukh Hirans murderHiran who had claimed that the SUV with explosives found near Ambanis residence had been stolen from his possession was found dead in a creek in Thane days later PTI AYA KRK KRK

Mumbai Dec 20 PTI The National Investigation Agency NIA on Monday urged the Bombay High Court to direct poet-activist Varavara Rao an accused in the Elgar Parishad-Maoist links case to surrender before the Taloja prison authorities saying that several other old people in need of medical treatment were also in prisons The NIA made the submission as a bench of Justices Nitin Jamdar and S V Kotwal extended the time for 83-year-old Rao to surrender till January 7 2022 Rao was granted temporary medical bail for six months by the HC in February this year and was supposed to surrender on September 5 but he applied for the extension of such bail stating that he continued to suffer from several ailments The HC has extended his bail multiple times due to reasons like the need for further medical care and time sought by the NIA to get him medically examined On Monday as Raos counsel Anand Grover sought time to file an affidavit responding to his medical examination reports submitted by the Nanavati Hospital here the NIA opposed any further extension of time for surrender Additional Solicitor General Anil Singh who appeared for the NIA told the HC that on December 17 a panel of expert doctors from the Nanavati Hospital a private medical facility submitted a one-page document stating that Rao had been examined thoroughly his vital parameters were stable and he did not need continued medical treatment or hospitalisation We are not experts to examine or analyse Nanavati Hospitals opinion Once it says that he Rao is fit for discharge then there is no question of any further extension Singh told the HC In jail there are other old people who need medical treatment They are treated when needed Let him Rao surrender His age cant be a ground for extension Singh said However Grover told the bench that though the NIA had submitted Nanavati Hospitals opinion on Raos medical condition and his medical reports he must be permitted to file an affidavit to inform the court whether or not Rao was in a position to be sent back to the prison He said in February this year the bench of Justices S S Shinde and Manish Pitale had granted medical bail to Rao despite a similar opinion from the Nanavati Hospital On my original application Nanavati Hospital had given a similar conclusion The hospital had said at the time that I Rao didnt need indoor hospital treatment and could be discharged from the hospital Grover said But the HC bench of Justices Shinde and Pitale had granted bail observing that Raos condition was not compatible for being sent to judicial custody he said The current bench of Justices Jamdar and Kotwal then asked what the NIA had to say about the previous benchs observations While ASG Singh reiterated that Rao be asked to surrender and the court could continue to decide his application for further medical bail even while the activist is in custody the bench found merit in Grovers submissions The HC noted that the NIA says it is not necessary to analyse the hospitals preliminary report any further and that it should be accepted as expert opinion However the earlier bench of Justices Shinde and Pitale had considered the larger situation and analysed the reports despite Nanavati Hospital saying Raos condition had improved and he was fit for discharge The counsels Grovers request for this bench following the same course taken by the previous bench is justified the high court said in its order The HC directed Grover to file an affidavit by December 28 and posted the matter for further hearing on January 4 2022 But Singh argued that if the process of granting extensions to Rao continued he will never have to surrender In effect hes being given bail Singh told the HC The high court however said it was merely going by the earlier benchs order The Elgar Parishad case is related to inflammatory speeches made at a conclave held in Pune on December 31 2017 which the police claimed triggered violence the next day near the Koregaon-Bhima war memorial located on the outskirts of the western Maharashtra city The police had claimed the conclave was organised by people with alleged Maoist links The NIA later took over the probe into the case PTI AYA BNM GK GK GK

Mumbai Dec 17 PTI The NIA on Friday told the Bombay High Court that the health condition of poet Varavara Rao an accused in the Elgar Parishad-Maoists links case who is currently on an interim medical bail granted in February this year was stable and hence must surrender before the prison authorities National Investigation Agency NIA counsel Sandesh Patil told a bench of Justices Nitin Jamdar and S V Kotwal that 83-year-old Rao had been medically examined earlier this month by a panel of doctors at the private Nanavati Hospital in the city and the doctors were of the opinion that Rao does not need continuous medical attention or hospitalisation at present Before being granted medical bail Rao was lodged in Taloja prison of Navi Mumbai His health condition is stable now and the time granted via medical bail to him by this court is already over So he Rao should surrender now All other issues raised by Raos lawyers can be examined after that Patil told the high court Rao was granted medical bail for six months in February this year by a bench led by Justice SS Shinde He was due to surrender on September 5 this year but the time of his surrender has been extended several times by the high court since then due to reasons such as need for further medical care time sought by NIA to get him medically examined etc Raos counsel senior advocate Anand Grover told the bench on Friday that although the NIA had submitted the Nanavati Hospitals opinion on Raos medical condition the same wasnt backed by any medical examination reports He said that the high court bench must not accept such conclusion of the hospital authorities without insisting on the poets original medical reports The report submitted by the NIA is signed by two doctors from the Nanavati Hospital It says that Raos health condition was evaluated by multiple consultants at the hospital on December 1 this year Currently he has minor symptoms such as lack of sleep and slight exhaustion His vital parameters are in normal range The remaining clinical examination reveals no significant abnormalities the document submitted by the agency reads It further says that Raos blood pressure was slightly high and hence he was prescribed requisite medication He is able to do all his activities of daily living the document states adding though that Rao experiences some slowness in activities After going through the report the bench led by Justice Jamdar asked Grover why the court must insist on verifying the claims made in the document when it clearly stated that Rao had been examined as per the high courts order passed on November 18 and that he was deemed to be medically stable by the hospital The hospital of your choice saying that everything is normal now the HC said Grover however said that the high court must keep in mind orders of the Supreme Court that say that an appellate court has the mandate to check if the expert opinion is correct and is based on medical reports or facts No expert opinion can be without reasons this is now a settled law Grover said The high court then directed that the Nanavati Hospital submit Raos original medical reports by Monday December 20 Ask the hospital to submit original medical reports on Monday If we find there is something that needs to be addressed we will hear the parties the high court told the NIA It further said that Rao neednt surrender before the Taloja prison authorities till then PTI AYA NP NP

Mumbai Nov 24 PTI The Maharashtra government on Wednesday denied before the Bombay High Court the CBIs allegation that it was trying to obstruct the central agencys probe against Anil Deshmukh a former state home ministerSenior counsel Darius Khambata the states lawyer said it had nothing to do with DeshmukhThe state government has moved the court against the Central Bureau of Investigations summons to chief secretary Sitaram Kunte and Director General of Police Sanjay Pandey as part of the probe against DeshmukhI Maharashtra government am not concerned with him Please investigate him Go ahead and do whatever you want with him the lawyer saidKhambata made the argument while objecting to the CBIs decision to submit some material related to the probe in a sealed coverThe agency must submit everything in the open court he told a bench of Justices Nitin Jamdar and S V KotwalKhambata also pointed out that when the Maharashtra government wanted to submit some documents related to IPS officer Rashmi Shuklas case in a sealed cover the high court asked it to make submissions in the open courtThe CBI is investigating allegations of corruption against Deshmukh after former Mumbai police commissioner Param Bir Singh accused him of asking police officials to collect money from bars and restaurantsIn September the CBI issued summons to chief secretary Kunte and DGP Pandey for questioning in connection with the probeThe Maharashtra government then moved the HC seeking that the summons be quashed as Kunte and Pandey had nothing to do with this probe The summons was a harassment tactic it allegedAdditional Solicitor General Aman Lekhi who appeared for the CBI said the CBI wanted to submit in a sealed envelop some material to show how the process of transfers and postings of police officers was interfered with and controlled by Deshmukh We want to show to the court how all the constraints and restraints of law were abandoned altogether Lekhi said These documents that the CBI wishes to submit are necessary to show the direction of the investigation the issuance of summons he saidKhambata said this had no bearing on the state governments petitionThe state seeks continuation of the investigation but under the supervision of this court he saidThe Union governments lawyer accused him of double speak This is double speak An Orwellian habit You say you want the investigation to go on and yet you fault the investigation Lekhi said The state claims to be not concerned with Deshmukh yet it alleges malafide and continues to be concerned with the investigation he addedThe arguments will continue on Thursday PTI AYA KRK KRK

Mumbai Nov 22 PTI The Central Bureau of Investigation CBI told the Bombay High Court on Monday that a states police force was an independent institution supposed to be free of the executives control and not part of some zamindari system as it opposed the Maharashtra governments move to seek quashing of summons issued to two top bureaucrats in the Anil Deshmukh caseThe Maharashtra government had no right to approach the court and seek that the summons issued by the central agency to state chief secretary Sitaram Kunte and current DGP Sanjay Pandey related to its extortion probe against former home minister Anil Deshmukh be quashed the CBI told a bench of Justices Nitin Jamdar and SV KotwalAdditional Solicitor General Aman Lekhi who appeared for the CBI told the bench that as per law the police force was institutionalized and was not part of some zamindari system that the Maharashtra government could approach the HC claiming it was doing so on behalf of its entire police establishment since the CBIs summons to its DGP was demoralising the forceLekhi said the states petition was wholly misconceived and an attempt to interfere with the CBIs probe against DeshmukhThe Maharashtra governments counsel senior advocate Darius Khambata had earlier told the bench that the state was justified in approaching the HC in the case since the CBIs summons to the chief secretary and its senior most police officer was demoralising its entire police forceKhambata had said that the state had approached the HC by invoking its parens patriae jurisdiction- a provision of law that allows the next of kin a legal guardian or a friend to approach court on behalf of someone who is a minor disabled or not in a position to approach the courtLekhi however said The question of parens patriae doesnt arise We are dealing with delinquency in a criminal case and in criminal law the doctrine of parens patriae cannot be invoked to stall a central agencys investigation This shows the desperation of the state In which category do the DGP and chief secretary come - minor insane disabled he askedLekhi further said in the present case no fundamental right of the state government was being violatedHe claimed the state governments real intent was to interfere in the CBIs probe into the allegations of extortion made against Deshmukh by former Mumbai police commissioner Param Bir SinghThe police force is not a part of some zamindari system Therefore the executive cant lay a claim to be a proprietor of its police force and come to court saying the entire force is being affected carrying the mindset that these are our officers Lekhi saidLekhi opposed the state governments submission that the ongoing probe was compromised since the present CBI director Subodh Jaiswal was the state DGP when Deshmukh was the home minister and had hence been part of several meetings in which transfers and postings of police officials had been discussedThe state government had said that since the CBI was probing Deshmukhs interference in transfers and postings Jaiswal who took charge as director of the CBI in May this year himself should be a potential subject of InvestigationLekhi however said Jaiswal is a member of the Police Establishment board the board had meetings so obviously he attended those The question though is has what has happened because of his participation in those meetings or because of the home ministers conduct The involvement of Deshmukh and Deshmukh putting his men out for extortion is under scrutiny he saidFollowing an order of the Bombay high court issued on April 5 this year the CBI conducted a preliminary inquiry into the allegations made by Singh against Deshmukh 71The central agency subsequently registered an FIR against the NCP leaderIn September this year the CBI summoned chief secretary Kunte and DGP Pandey asking them to report to the central agencys office in Delhi for answering questions related to DeshmukhThe Maharashtra government however approached HC challenging the summonsThe HC will hear the plea further on November 23 PTI AYA RSY RSY

Mumbai Nov 18 PTI The Bombay High Court on Thursday extended till December 2 the time granted to poet Varavara Rao an accused in the Elgar-Parishad-Maoist links case who is currently out on medical bail to surrender before the Taloja prison authorities in MaharashtraRao 83 had been granted interim bail for six months on medical grounds by the HC on February 22 this year He was scheduled to surrender and return to judicial custody on September 5However the poet-activist filed an application through his lawyers R Sathyanarayanan and senior counsel Anand Grover seeking extension of medical bail He also sought permission to stay in his hometown of Hyderabad while out on bailOn Thursday Grover told a bench of Justices Nitin Jamdar and SV Kotwal that while out on bail Raos health condition deteriorated and he had been admitted to privately-run Nanavati Hospital in Mumbai for treatment from November 6 to November 16Grover urged the HC to extend the octogenarians medical bail by four monthsOn previous hearings the National Investigation Agency NIA had opposed Raos plea for extension of medical bail and shifting to Hyderabad saying his medical reports do not indicate that he suffers from any serious ailmentOn Thursday NIA counsel Sandesh Patil told the court that Rao must restrict his prayer in present petition to extension of his medical bailPatil said the accused must be directed to file a separate petition to seek other reliefs including the permission to shift to his hometown while on bailThe HC adjourned further hearing on Raos plea to November 29It directed the Nanavati Hospital to submit Raos latest health reports by the next date of hearing and added that the poet neednt surrender before the authorities in Navi Mumbais Taloja jail till December 2As part of the stringent conditions imposed on his interim bail by the HC in February Rao is not allowed to leave Mumbai and hence he has been staying with his wife at a rented accommodation in the cityAt the time he was granted bail Rao had been undergoing treatment for multiple ailments at the Nanavati Hospital where he had been admitted by the prison authorities following the HCs interventionThe case relates to alleged inflammatory speeches delivered at the Elgar Parishad conclave held at Shaniwarwada in Pune on December 31 2017 which the police claimed triggered violence the next day near the Koregaon-Bhima war memorial located on the citys outskirtsThe Pune police had claimed the conclave was backed by Maoists The probe in the case in which more than a dozen activists and academicians have been named accused was later transferred to the NIA PTI AYA RSY RSY

Mumbai: After skipping several summons by Enforcement Directorate (ED), Maharashtra’s former Home Minister Anil Deshmukh today reached the ED’s office in Mumbai for questioning in a money laundering case against him. Deshmukh, who had stepped down earlier this year from his post amid row over the bribery allegations against him, was refused relief by the Bombay High Court on Friday as he appealed for cancelling the summons.     He was accused of corruption by Mumbai’s ex top cop Param Bir Singh.

Mumbai : NCB Zonal Director Sameer Wankhede on Thursday approached to the Bombay High Court seeking transfer of his case of probe against NCB officers to CBI. The Maharashtra government told the Bombay High Court on Thursday that it will not arrest NCB’s zonal director Sameer Wankhede without giving him a prior notice of three working days, in connection with the allegations of extortion and corruption levelled against him. Wankhede has sought interim protection from arrest.