Read Time: 11 minutes
1. [Death Due To Pothole] The Bombay High Court last week pulled up the State Government for failing to initiate an independent investigation into the death of a motorcyclist who allegedly lost his life due to road potholes. The HC was hearing a contempt petition filed by Ruju Thakker who alleged that the state government was in violation of a court order passed during the Public Interest Litigation of 2018 wherein the government was directed to fill the potholes in the city.
Bench: Chief Justice Devendra K Upadhyaya and Justice Arif Doctor.
Case title: Ruju Thakker vs State of Maharashtra.
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2. [Deaths In Hospital – Adv Moves HC] Last week Advocate Mohit Khanna, through a letter to the Bombay High Court, requested the high court to take suo moto cognizance of deaths happening in government hospitals across Maharashtra. The division bench however, asked advocate Khanna to file a petition. "We want to issue effective orders. We are requesting you to file a petition. Gather data regarding vacancy in the hospital, availability of medicine, percentage government is spending etc," the bench said.
3. [Suo Moto Cognizance] On Wednesday, after refusing to take suo moto cognisance during the morning session, the Bombay High Court during its afternoon session, at 2:30 PM, took suo moto cognisance of the deaths that took place in the state-run hospitals in Nanded and Shambhajinagar in Maharashtra. The division bench of Chief Justice Devendra Upadhyaya and Justice Arif Doctor sought details of the incident from Advocate General Birendra Saraf. The bench asked the Advocate General to place on record the budgetary allocations of the state government for healthcare. The bench also said that reasons like shortage of medicines and lack of resources will not be accepted by the court.
Case title: Suo Moto PIL.
4. [Washroom For Orthopedically Disabled] The Bombay High Court has directed the high court's registry in Mumbai to convert an existing washroom into a restroom designed for individuals who use wheelchairs and those with orthopaedic disabilities. The bench was hearing a plea filed in 2021 that sought infrastructure facilities to be made available for orthopedically disabled persons in the entire state of Maharashtra.
Bench: Justice Sunil B Shukre and Justice Firdosh Pooniwalla.
Case title: Maharashtra Rajya Apang Karmachari Sanstha vs State of Maharashtra & Ors.
5. [Human Trafficking For Sexual Exploitation] The Bombay High Court has directed the Home Department of the State of Maharashtra to submit a detailed affidavit outlining the functions and activities carried out by the Anti-Human Trafficking Units and the Women Help Desks established in police stations across the state to combat human trafficking for sexual exploitation. The high court has also asked the state government to submit details of the number of offences reported under Sections 370 and 370A of the IPC in the State of Maharashtra that have been referred for investigation to the National Investigating Agency under the NIA Act. Additionally, the court has requested the Union of India to file an affidavit detailing the measures taken to ensure the appointment of trafficking police officers.
Case title: Rescue Foundation vs State of Maharashtra & Ors.
6. [Deaths In State Hospitals] The Bombay High Court, on Friday, said that the State Government cannot evade its responsibility for maintaining the healthcare system by shifting the burden onto private hospitals. The HC was hearing a Suo Moto Public Interest Litigation registered by the high court with respect to the deaths occurring in the state-run hospitals in Nanded and Shambhajinagar. The bench made this statement in response to Advocate General Birendra Saraf's remark, in which he mentioned the burden on hospitals due to the influx of patients.
7. [2006 Mumbai Train Blasts] Senior Advocate and Special Public Prosecutor Raja Thakare, last week, informed the Bombay High Court that he had no objections to initiating his arguments for the confirmation of the death penalty of the convicts in the 2006 Mumbai Train Blasts Case. Thakare informed the division bench that he had no difficulty opening his submissions on the confirmation of the death penalty. "Going to the Supreme Court for this will further delay this. I don't have a problem starting. My learned friend starts or I start.." Thakare said. The bench agreed and posted the matter for hearing on October 12, 2023.
Bench: Justice Nitin Sambre and Justice NR Borkar.
Case title: Zahmeer Ahmed Latifur Rehman Shaikh & Ors vs State of Maharashtra.
8. [NCP MLA Rohit Pawar] The Bombay High Court has granted an extension of the interim relief until October 16 to Baramati Pvt. Ltd, a company controlled by Rohit Pawar, the grandnephew of Sharad Pawar. The HC was hearing a plea filed by the company against a notice issued by the Maharashtra Pollution Control Board ordering the closure of its factory. The high court had earlier granted the company interim relief after receiving the closure notice on September 28, 2023, at 2 AM. The MPCB had instructed the company to shut down the factory within 72 hours of issuing the notice.
Bench: Justice Nitin Jamdar and Justice Manjula Deshmukh.
Case title: Baramati Agro Ltd vs Regional Officer Pune MPCB.
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