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Tag: Bombay high court

Opinion

Trying juveniles as adults is not the answer

An inspection of the car that was driven allegedly by the adolescent in Pune. | Photo Credit: Emmanual Yogini In May, a speeding car, allegedly driven by a teenager, killed two young techies in Pune. As prescribed by the Juvenile Justice (Care and Protection of Children) Act, or the JJ Act, 2015, the adolescent was initially brought before the Juvenile Justice Board (JJB), which granted him bail under seemingly lenient conditions. This decision, coupled with the tragic outcome of the incident and emerging accusations of privilege being used to tamper with the investigation, sparked public outrage. Following the backlash, the JJB modified its order, directing the adolescent’s detention in an Observation Home. This was challenged before the Bombay High Court, which directed his release o...
Politics

Bombay HC directs release of man incarcerated despite completing sentence due to unpaid fines

An outer view of Bombay High Court in Mumbai. | Photo Credit: Vivek Bendre In a June 27 order, which was made available on July 12, the Bombay High Court has directed the release of a man named Sikandar Kale (30), who was imprisoned despite having completed his sentence because he could not pay the fine. The ₹2,65,000 fine was imposed on him by the trail court. Mr. Kale has been in police custody since 2017 and was convicted in 2019 for two years in 14 criminal cases in Kolhapur of trespassing private property, mischief, and theft.In his petition, Mr. Kale urged the Bombay HC that he had served his sentence but since he failed to pay the hefty fine, he is facing further imprisonment of nine years.A division bench of judges comprising Justice Bharati Dangre and Justice Manjusha Deshpand...
Politics

Free man languishing in jail for inability to pay Rs 2.6 lakh fine | India News – Times of India

MUMBAI: Bombay high court recently directed the forthwith release of a man who remained in jail despite completing his sentence because he was unable to pay Rs 2.6 lakh fine due to poverty."If he is directed to undergo the entire default sentence, he will be required to be incarcerated for a further period of nine years, which in our consideration would amount to travesty of justice," said Justices Bharati Dangre and Manjusha Deshpande on June 27.In Feb 2019, the man was convicted by a Kolhapur magistrate in 14 criminal cases for house-trespass, mischief and theft. He was sentenced to two years' rigorous imprisonment and collectively imposed Rs 2.6 lakh fine with default imprisonment.He moved high court saying his substantive sentence ended in March 2020 but continues to be in jail for ...
Politics

HC directs Maharashtra backward class panel to respond to pleas against Maratha quota | India News – Times of India

MUMBAI: The Bombay high court on Wednesday directed the Maharashtra State Backward Class Commission (MSBCC) to file its affidavit in reply to the petitions challenging reservation granted to the Maratha community. A full bench of Chief Justice DK Upadhyaya and Justices Girish Kulkarni and Firdosh Pooniwalla had last week issued a notice to the commission, which is headed by retired high court judge Sunil Shukre. Based on the commission's report, the Maharashtra government had granted reservation to the Maratha community. Attorney General R Venkatramani and advocate Saket Mone appeared for the commission and sought time to file the affidavit. The court granted the commission time till July 26 to file its affidavit and posted the petitions for further hearing on August 5. The court had ea...
Politics

Unauthorised Hawkers Have Taken Over Streets, No Space To Walk: Bombay HC

Unauthorised hawkers have virtually taken over the streets and bylanes in Mumbai, and left almost no space for pedestrians, the Bombay High Court has observed, asking why ordinary citizens do not get the same treatment that "VVIPs" seem to get. “There is no place for people to walk on the footpaths," the HC said. Pedestrians have to navigate among the unauthorised hawkers and haphazardly parked vehicles in the street, it added. According to PTI, on June 25, a bench comprising Justices M.S. Sonak and Kamal Khata said the problem had reached “alarming proportions”, and the civic body and government could not take their “sweet time” to deal with this issue.  Last year, the high court took suo motu cognisance of the issue of illegal and unauthorised hawkers ...
Politics

Torn jeans, T-shirts, revealing dresses not allowed: Mumbai college to students | Mumbai News – Times of India

MUMBAI: A college in Mumbai has imposed a dress code banning hijabs, burkas, torn jeans, T-shirts, revealing dresses, and jerseys, aiming to maintain discipline on campus. This decision by the Chembur Trombay Education Society's N G Acharya and D K Marathe College follows a Bombay High Court ruling that upheld the institution's right to enforce such rules, asserting they do not infringe upon students' fundamental rights.The notice issued on June 27 instructs students to wear formal and decent attire while on campus. For boys, the acceptable attire includes half or full shirts and trousers, while girls are permitted to wear any Indian or western outfit. The notice specifies that garments revealing religion or suggesting cultural disparities are prohibited, meaning students must remove it...
Politics

Bombay HC Junks Pleas Against Hijab, Burkha Ban In Mumbai College Campus

The Bombay High Court on Wednesday junked a petition filed by nine female students challenging the dress code restrictions imposed by the authorities of a college in Mumbai. The college had prohibited students from wearing hijab, nakab, burkha, stole, etc., on campus. However, the college had clarified that the ban applies to all religious symbols and was not meant to target at Muslims.  According to a Live Law report, a division bench of Justice AS Chandurkar and Justice Rajesh Patil rejected the petition by nine girls. However, a detailed order copy is still awaited. The Mumbai college in question had contended that the purpose of banning these items is to avoid the display of religious symbols, except for those considered part of the fundamental right...
Politics

Pune Teen Walks Out Of Juvenile Home After Bombay HC Orders Release — WATCH

The teenager involved in the Pune Porsche crash case, that killed two people, was released from the observation home following the orders of the Bombay High Court. The division bench of Justices Bharti Dangre and Manjusha Deshpande of the Bombay High Court earlier on Tuesday ordered the immediate release of the juvenile from an observation home noting that the Juvenile Justice Board's remand orders were illegal and passed without jurisdiction. VIDEO | Teenager involved in Pune Porsche crash that killed two people released from observation home following Bombay High Court order. pic.twitter.com/0oMFwZKe0H — Press Trust of India (@PTI_News) June 25, 2024 The teenager, who had got bail hours after the accident on May 19 but was sent to the obser...
Politics

Pune Porsche Crash: Bombay High Court Grants Bail To Juvenile Accused In Accident

The Bombay High Court on Tuesday granted bail to the juvenile accused in the Pune porsche car accident case. The court ordered that the minor be released into the care and custody of his paternal aunt and his sessions with the psychologist should continue.The minor's aunt had moved the High Court, alleging unlawful detention of the minor in an observation home. According to ANI, the high court today granted bail to the minor. A bench of Justices Bharati Dangre and Manjusha Deshpande in the high court observed that sending a minor to an observation home after granting bail nullifies the purpose of bail. “Two people have lost their lives. There was trauma but the child was also in trauma,” the court said, according to an Economic Times report. The minor w...
Politics

Denied nod to fly as commander due to HIV+ status, trainee pilot tells HC | India News – Times of India

MUMBAI: An Indian trainee pilot in his early 20s currently based in the US has moved Bombay High Court over aviation regulator Directorate General of Civil Aviation's (DGCA) refusal to allow him to fly as pilot-in-command only because of his HIV status."The petitioner has no grievance with being subjected to extra or more frequent tests due to his HIV status, but is aggrieved that despite being medically fit, he is in principle denied permission to fly as pilot-in-command but only as co-pilot which will close all avenues of employment in India," states his petition, filed through his father. According to his petition, in Nov 2020 he started preparation for the DGCA examination to become a civil commercial pilot. In July 2021, a medical test deemed him fit to serve as pilot-in-command. O...
Opinion

Facts in fiction: on stopping the release of the Hindi film, Hamare Baarah  

The likelihood of protests, communal tension or prejudice to law and order ought not to be cited as a reason to suspend the screening of a film. The Karnataka government’s decision to stop the release of the Hindi film, Hamare Baarah, for two weeks violates the freedom of expression in the name of upholding order and preventing communal tension. Such a ban on public screening of films, independent of their merit, has no place in a democratic society. The Bombay High Court, which initially stayed the release of Hamare Baarah, has lifted the ban, following the producer’s offer to remove some controversial dialogues. Its observation that allowing an individual to stall the release of a certified film would encourage film producers being held to ransom is consistent with judicial precedents...
Politics

Delete Salman Khan’s name from custodial death plea of firing accused’s kin: Bombay high court | India News – Times of India

MUMBAI: Bombay high court on Monday directed that Salman Khan's name be deleted as respondent in a petition filed by the mother of late Anuj Thapan, an accused in the April 14 firing incident outside the actor's Bandra residence. "Delete his name...What is the point of making a person who is supposed to be the victim a party respondent? We see no reason why respondent 4 [Khan] should continue to be in this plea.He is not a necessary party," said a bench of Justices Revati Mohite-Dere and Shyam Chandak. Rita Devi has sought a CBI probe into the "custodial death" of her son Anuj who was found hanging inside the toilet of the crime branch lock-up at Crawford Market on May 1. Her petition claimed that Anuj was tortured by police and "later on the entire incident was given the shape of suici...