Mumbai Mar 23 PTI The Bombay High Court on Wednesday directed for an interim compensation of Rs 10 crore to be paid to the families of fishermen whose livelihood has been affected due to the ongoing construction of the third Thane creek bridge near Vashi A division bench of Justices S J Kathawalla and Milind Jadhav had last month directed the Maharashtra State Road Development Corporation MSRDC to deposit Rs 10 crore in the court after it was informed that despite directions passed in August 2021 for a committee to be set up to determine the compensation amount for the affected people there was no progress on it The bench on Wednesday directed the HC registrar to disburse Rs 10 crore deposited by the MSRDC to the petitioner - Mariyayi Macchimaar Sahkari Sanstha Maryadit a co-operative society of fishermen within a period of two weeks The petitioner society would then distribute the amount to the project-affected people by giving Rs 1 lakh per family The court in its order noted that it cannot expect these families to wait any further without any livelihood or compensation The HC said this was only an ad hoc compensation amount and the MSRDC must determine the final compensation payable to the affected families within three months In August 2021 the same bench had passed the order while hearing a petition filed by fishermens co-operative society raising welfare concerns about members of their community located in and around the Thane creek The high court had then cleared the way for construction of the six-lane Thane Creek Bridge TCB- III on the Sion-Panvel highway but noted that the project would impact the customary right of the fishermen residing around the creek The HC had then directed for a TCB compensation committee to be set up to determine the compensation amount to be given to the project-affected families In February this year advocate Zaman Ali appearing for the petitioner approached the HC and informed that the aggrieved fisher folk were still not paid any compensation The HC then appointed senior advocate Sharan Jagtiani as amicus curiae to assist the court Jagtiani had told the court that the project would have an adverse impact on the livelihood of the fisher folk living in the vicinity PTI SP GK GK

Mumbai Feb 28 PTI The Bombay High Court on Monday granted two more days to the Maharashtra government to issue fresh directives on whether people who have not taken the anti-COVID-19 vaccine or have taken only one dose would be allowed to travel in local trains The state government had last week withdrawn three of its circulars issued last year by which only fully vaccinated people were allowed to use the local trains considered as the lifeline of Mumbai and to go to public places like malls and movie theatres The governments move to withdraw the circulars came after the HC said those orders were illegal and issued without following the procedure prescribed under provisions of the Disaster Management Rules The court was hearing a bunch of Public Interest Litigations challenging the prohibition on use of local trains in the city by unvaccinated people saying it was illegal arbitrary and in breach of the citizens fundamental right to move freely across the country as guaranteed by Article 19 1 d of the Constitution The state government had last week told the HC that the state executive committee would hold a meeting on February 25 after which fresh directives would be issued On Monday government pleader P P Kakade told the court that the meeting was held but sought two more days for the order to be issued The minutes of the meeting and all other relevant material have been placed before the chief secretary for his signature The government officials are busy and held up due to the ongoing Ukraine crisis as several students from Maharashtra are stranded there Kakade said The bench agreed and posted the matter for further hearing on March 2 but also said no further time would be granted Your government chief secretary is retiring today Dont take more time on this ground Chief Justice Datta said To this Kakade said the chief secretary would sign the fresh order before retiring PTI SP GK GK

Mumbai Feb 28 PTI The Bombay High Court on Monday deferred hearing for one week on a plea filed by Dhyandev Wankhede father of NCBs former Mumbai zonal director Sameer Wankhede which sought contempt action against Maharashtra minister Nawab Malik while noting that the latter is already behind bars Dhyandev Wankhede had claimed in his contempt plea filed earlier this year that despite an undertaking given to court in December 2021 to refrain from making defamatory public comments and social media posts against the Wankhedes Malik continued doing so A division bench of Justices S J Kathawalla and M N Jadhav had then issued a show cause notice to Malik When the matter came up for hearing on Monday the bench noted that Malik is already in jail following his arrest by the Enforcement Directorate ED in a money laundering case He Malik is anyways behind bars If we punish him today for contempt of court and sentence him then would it make any sense Justice Kathawalla said Maliks lawyer Feroze Bharucha sought the court to first hear them before passing any order Senior counsel Birendra Saraf appearing for Dhyandev Wankhede said the court could adjourn hearing on the plea The bench then sought to know the date till which Malik has been remanded in the EDs case Bharucha informed the HC that the minister is in the EDs custody till March 3 The court then adjourned the hearing on the contempt plea till March 7 Dhyandev Wankhede in a rejoinder affidavit filed on Monday said the minister was deliberately willfully and continously breaching the undertaking given by him to the court that he would not make any further statements against the Wankhedes Malik had last week filed an affidavit in response to the plea denying all allegations of having been in contempt of the court In his affidavit Malik submitted that while giving such an undertaking his lawyers had told the court that it would not constrain him from making public statements against the conduct of central government officers that were in breach of their official duties The minister had said the comments and TV interviews mentioned by Dhnyandev Wankhede in the contempt plea came within the purview of the above concession and therefore were not in breach of his undertaking PTI SP GK GK

Mumbai Feb 21 PTI The Bombay High Court on Monday said the Maharashtra government has not done anything substantial with regard to the installation of CCTVs in police stations across the state A division bench of Justices S J Kathawalla and M N Jadhav said in the past whenever the court asked for CCTV footage in any case the police refused with one excuse or the other Let us be candid and say that this is all done intentionally Justice Kathawalla said The HC said that the Supreme Court had in December 2020 passed an order directing all states to install CCTVs in police stations Nothing substantial has been done in Maharashtra in the past two years Has anyone even bothered to read the Supreme Court order You state government have to comply with the SC order the high court said The whole purpose of the Supreme Court order was to ensure transparency and hence only paper compliance would not suffice the HC said You Maharashtra government need to set up a committee to look into all this otherwise no one would be bothered the court said Advocate General Ashutosh Kumbhakoni appearing for the state government told the court that work is being carried out by two contractors to install CCTVs in police stations and to repair the ones which are currently non-functional As per an affidavit submitted by the government in the court on Monday there are 1089 police stations in the state So far 6092 CCTVs have been installed in 547 police stations Out of these cameras 5639 are functional while the remaining are non-functional Kumbhakoni said the contractors have been asked to repair all the non-functional CCTVs in 15 days The bench then said steps are being by taken only after orders are passed and till then nothing is done The HC also said that as per the apex court order the CCTVs have to be placed at all the entry and exit points inside lock-ups in the rooms of the inspector sub-inspectors and other places Kumbhakoni said this was most probably being complied with The court also sought to know from the government as to why the tender to install CCTVs in the police stations was awarded only to two contractors Why cant you government have more than two contractors for the job Would these two contractors be able to do such a major job Are they equipped the HC asked Kumbhakoni informed the bench that an agreement was made with the two contractors in November 2020 to install the CCTVs within a period of 22 weeks and thereafter maintain the same for five years The work of wiring is complete in all police stations However due to the COVID-19 pandemic and non-availability of some hardware parts further work could not be done Hence payment was withheld and was made in January 2022 when the work resumed Kumbhakoni said The HC posted the matter for further hearing on March 2 and asked the government to submit to it documents related to the tender awarded and also the work experience of the two contractors PTI SP GK GK

Mumbai Oct 21 PTI The Bombay High Court on Thursday said it would hear on October 26 the bail plea filed by Aryan Khan son of superstar Shah Rukh Khan in connection with a case of seizure of banned drugs on board a cruise ship off the Mumbai coast Aryan Khans advocate Satish Maneshinde mentioned the plea before a single bench of Justice N W Sambre seeking urgent hearing on Friday Additional Solicitor General Anil Singh appearing for the Narcotics Control Bureau NCB however sought time till next week Justice Sambre then posted the plea for hearing on October 26 On that day the HC will also hear the bail plea filed by co-accused Munmun Dhamecha Aryan Khan 23 moved the HC on Wednesday evening after a special NDPS court here rejected his bail plea in the afternoon The special court while refusing bail had observed that Aryan Khan was involved in illicit drug activities on a regular basis and had a nexus with drug peddlers and suppliers The lower court had also rejected the bail pleas of Aryan Khans friend Arbaaz Merchant and fashion model Munmun Dhamecha The three were arrested on October 3 by the NCB after it raided the Goa-bound ship and claimed to have seized drugs including charas They are now in judicial custody While Aryan Khan and Merchant are lodged at the Arthur Road prison Dhamecha is lodged at the Byculla womens prison in the city The trio and others were held in the case for alleged conspiracy possession consumption purchase and trafficking of drugs under the Narcotic Drugs and Psychotropic Substances NDPS Act So far 20 people have been arrested in the case PTI SP GK GK

Mumbai Sep 28 PTI The Bombay High Court on Tuesday refused to grant bail to Yes Bank founder Rana Kapoors wife and two daughters in a corruption and cheating case involving private sector lender Dewan Housing Finance Corporation Ltd DHFL A single bench of Justice Bharati Dangre rejected the bail applications filed by Kapoors wife Bindu and daughters Roshini and Radha The three had approached the HC last week challenging a special CBI court order of September 18 which refused them bail while noting that they had prima facie caused a loss of Rs 4000 crore to the Yes Bank through illegal acts The lower court had remanded them in 14-day judicial custody and said they did not deserve any sympathy for being women The three are currently lodged at the Byculla womens prison in Mumbai In their bail pleas filed in the HC they had said the special CBI court gravely erred in observing that the accusations against them prima facie show complicity in having co-fraudulently and dishonestly received loans as quid pro quo for favour shown by the Yes Bank to DHFL The Central Bureau of Investigation CBI had opposed their pleas and said there was nothing wrong with the special courts order and that it was merely securing the presence of the accused for the purpose of trial The CBIs case is that Rana Kapoor who is currently in jail in connection with a related case being probed by the Enforcement Directorate had entered into a criminal conspiracy with DHFLs Kapil Wadhawan The CBI stated that between April and June 2018 Yes Bank invested Rs 3700 crore in short-term debentures of DHFL In return DHFL allegedly paid a kickback of Rs 900 crore to Kapoor in the form of loans to one DoIT Urban Ventures a firm controlled by Kapoors wife and daughters PTI SP GK GK

Mumbai Sep 27 PTI Withholding the pension of a freedom fighter was not justified the Bombay High Court has said and directed the Maharashtra government to respond to a plea filed by a 90-year-old wife of a freedom fighter who died 56 years ago seeking benefits of a government pension scheme A division bench of Justices Ujjal Bhuyan and Madhav Jamdar issued the order on September 24 and a copy of it was made available on Monday The court was hearing a petition filed by Shalini Chavan a resident of Raigad district seeking benefits of the Swatantrata Sainik Samman Pension Scheme 1980 to be accorded to her as her late husband was a freedom fighter As per the plea the womans husband Laxman Chavan was a freedom fighter and had participated in the Quit India Movement in 1942 He was later sentenced following which he was imprisoned at the Byculla jail in Mumbai from April 17 1944 to October 11 1944 He died on March 12 1965 The petitioners lawyer Jitendra Pathade told the court that the pension schemes benefit was not extended to Shalini Chavan on the ground that records of her husbands arrest and imprisonment were not available Pathade argued that the petitioner had in 1966 submitted the imprisonment certificate of her late husband to the state government but it could not verify the same as the old records of the Byculla prison containing details of her husbands imprisonment seem to have been destroyed or must have perished over the years The court after hearing the matter briefly noted that from the material available on record there does not appear to be any dispute as to the status of Laxman Chavan being a freedom fighter and as regards the petitioner being his widow If that be so then withholding of a freedom fighters pension that too for such a long period is not justified the high court said The bench directed government pleader Purnima Kantharia to obtain instructions from the state government and apprise the court on September 30 In her plea Shalini Chavan said she is a senior citizen without any support following her sons death and is struggling for her daily needs According to the petition after the death of Laxman Chavan she applied for an imprisonment certificate from the superintendent of Byculla jail in 1966 After the certificate was issued to her the petitioner approached the government in 1993 for grant of pension and other benefits under the scheme The plea said the petitioner had submitted all required documents to the government In 2002 the petitioner also appeared before the state governments freedom fighter high powered committee where she was informed that her pension claim would be sanctioned However till date the petitioner has not received any pension and hence she was left with no remedy than to approach the high court the petition said In her plea Shalini Chavan also sought a direction to the state government to pay her an ex-gratia sum of Rs 10 lakh PTI SP GK GK

Mumbai Sep 23 PTI The Bombay High Court on Thursday said it would hear on September 29 the plea filed by Maharashtras former home minister Anil Deshmukh against summons issued to him by the Enforcement Directorate in a money laundering case A division bench of Justices S S Shinde and N J Jamadar said the Enforcement Directorate ED could file its affidavit in response to the plea if it felt necessary Deshmukh had earlier this month filed the petition seeking to quash five summons issued by the ED and said the case was a result of political vendetta On Thursday Additional Solicitor General Anil Singh appearing for the ED sought for the matter to be heard virtually so as to enable Solicitor General of India Tushar Mehta to appear and argue for the agency However senior counsel Vikram Chaudhri and advocate Aniket Nikam appearing for Deshmukh argued that the court should hear the matter on Thursday itself for grant of interim protection from any coercive action The ED has been indulging in demeaning tactics This petition demonstrates the hapless state of affairs The tactics used by the ED are deplorable Chaudhri argued The high court said it would hear all the contentions raised in the plea on September 29 The ED may file its reply if they deem it necessary the HC said The ED had initiated a probe against Deshmukh and his associates after the Central Bureau of Investigation CBI filed an FIR against the NCP leader on April 21 this year on charges of corruption and misuse of official position Deshmukh in his petition said the agencys whole case was based on malicious statements made by dismissed police officer Sachin Waze who is currently in jail in connection with the case of an explosives-laden SUV found near the residence of industrialist Mukesh Ambani in Mumbai and the killing of businessman Mansukh Hiran Deshmukh refuted the EDs claims that while serving as home minister he misused his official position and through Waze collected Rs 470 crore from various bars and restaurants in Mumbai The money was allegedly laundered to Nagpur-based Shri Sai Shikshan Sanstha an educational trust controlled by Deshmukhs family The entire claim of Waze giving Rs 470 crore to the applicant Deshmukh and the same amount being routed by the applicants family is factually incorrect the plea said It added that the amount received by the Shri Sai Shikshan Sanstha was donations made before the period in which Waze alleges to have received illegal gratification from bars and restaurants There was never any cash received as illegal gratification from bar owners as claimed by Waze the plea said The ED has so far arrested two persons in the case Sanjeev Palande additional collector rank official who was working as Deshmukhs private secretary and Kundan Shinde Deshmukhs personal assistant The agency last month submitted its prosecution complaint equivalent to a charge sheet against the duo before a special court The CBI had lodged its FIR against Deshmukh after it conducted a preliminary enquiry against the NCP leader following an order from the HC on April 5 this year Deshmukh resigned from the post of home minister on April 5 but has repeatedly denied any wrongdoing PTI SP GK GK

Mumbai Aug 31 PTI The Bombay High Court on Tuesday raised concern over crowds assembling at public places in Mumbai and said if it was not controlled or restricted the city would face a similar situation as earlier this year when the number of COVID-19 cases surged leading to the second wave of the pandemic A full bench of Chief Justice Dipankar Datta Justices A A Sayed K K Tated and P B Varale said the government authorities and citizens should learn from the earlier experience and noted that as per experts the third wave of the COVID-19 pandemic was knocking at our doors In our meeting of the administrative committee of the HC lawyers and other experts held on Monday an expert Dr Rahul Pandit who heads the Special Task Force appointed by the Supreme Court informed that the third wave of the pandemic is knocking at our doors Chief Justice Datta said Unless all the safety protocols are not followed the state will face an imminent danger Dr Pandit was also of the view that at least till April 2022 the nation may not get rid of COVID-19 he said The high court said photographs published in various newspapers show crowds assembling at beaches in Mumbai like the Juhu Chowpatty Girgaum Chowpatty and Marine Drive If you government do not control or restrict this then again the same situation is bound to happen We need to draw from our experience the court said The bench extended all interim orders passed by the high court as well as all subordinate courts and tribunals in Maharashtra and Goa till September 30 Considering the view placed by the experts the situation of uncertainty and the ensuing festivities which could pose a threat to the human kind we are of the opinion that the interest of justice would be served if the protective interim orders are extended till September 30 the court said The HC also said that its full bench would assemble next on September 24 to review the situation On Monday Mumbai reported 334 new COVID-19 cases the sixth day in a row when the addition to the tally was above 300 taking the infection count to 743832 while the death toll increased by two to reach 15976 a civic official earlier said PTI SP GK GK

Mumbai Aug 24 PTI The Maharashtra government told the Bombay High Court on Tuesday that it would amicably resolve with CBI the issue of sharing documents with the central agency over its probe against former state home minister Anil Deshmukh The state government had earlier claimed the documents sought by the Central Bureau of Investigation CBI did not have any relevance to the agencys probe into allegations of corruption against NCP leader Deshmukh A division bench of Justices S S Shinde and N J Jamadar was hearing an application filed by the CBI alleging that the state government was not cooperating by refusing to hand over certain documents in connection with the probe against Deshmukh The court last week asked the state government to reconsider over the matter and asked it to inform if it was willing to share any documents Senior counsel Rafiq Dada appearing for the state government told the HCs bench on Tuesday that he had a meeting with senior government officials We will be able to reconcile the matter We will put an end to this hopefully Dada said He told the court that a meeting would be held with Additional Solicitor General Anil Singh who appears for the CBI The bench then posted the matter for further hearing on August 26 The CBI in its application filed last month said it had written a letter to the State Intelligence Department seeking details of a communication sent by senior IPS officer Rashmi Shukla on the issue of corruption in police transfers and postings but the SID refused to provide them claiming they were part of an ongoing investigation On July 22 the high court held that the CBI can inquire the allegations of corruption in transfers and postings of police personnel limited to its nexus with Deshmukh and had dismissed a petition filed by the Maharashtra government seeking that some parts of the central agencys FIR against the NCP leader be quashed The CBI had on April 21 this year lodged an FIR against Deshmukh on charges of corruption and misuse of official position The FIR was registered after the agency conducted a preliminary enquiry against Deshmukh following an order from the HC on April 5 Deshmukh who resigned from his post in April following the allegations has repeatedly denied any wrongdoing PTI SP GK GK