Read Time: 06 minutes

Synopsis

The Bombay High Court expressed displeasure over the State Government's failure to file its affidavit explaining the steps being taken for the allotment of the new high court building at Bandra.

The division bench of the Bombay High Court comprising Chief Justice Devendra Upadhyaya and Justice Arif Doctor warned the state government, emphasizing that the state should not compel the court to pass a drastic order regarding the allotment of the new high court building at Bandra.

“We are requesting and requesting! Don't compel us to pass drastic orders. You are in contempt. Where is the affidavit? You had to file details of only the steps taken. Why didn't you file? Who is briefing you? Somebody from the state secretary?  You were required to give a simple affidavit,” the court said.

Further, the division bench said that the government was not taking the case seriously and there were so many constraints for arranging a simple oath-taking ceremony. 

"Is this a matter that is to be taken so lightly? Why cannot the government understand the constraints the high court is facing on a daily basis? Why can’t you understand such simple things? Even for a simple oath-taking ceremony, there are so many issues because of space constraints," the court said.

The high court was hearing a contempt petition filed by Advocate Ahmad Abdi following the high court's direction to the state government for the allotment of land for the new high court building.

Abdi had filed a public interest litigation (PIL) petition in 2012 seeking a new building for the high court on a priority basis.

The high court had then directed the State government to offer a large and convenient plot of land to construct a new complex for the high court.

However, since the order of 2019, the State government had not taken any steps toward the same. Abdi claimed that the State was in contempt of the high court's order.

On the previous hearing, the high court expressed its displeasure over the delay in allotting the land for the new high court building, emphasizing that the lives of the officers in the high court were at peril.

During today's hearing, Abdi submitted that the state government was in contempt and urged the court to summon the chief secretary of the state government.

Government Pleader Abhay Patki, representing the state government, sought 4 weeks of time from the court to file an affidavit. The court responded and said,

“From where do you have to dig out this information? Some archives? Is it such information that will take 4 weeks? You are required to file a simple affidavit to state what has been done. For a change of records, this is done. For vacating this has been done. It is all just required to be stated on an affidavit,” the court said.

Following this, Government Pleader Abhay Patki agreed to file an affidavit within 15 days, which was allowed by the bench.

Case title: Ahmed Abdi vs State of Maharashtra