Latest news with #BombayHC
Indian Express
3 days ago
- Politics
- Indian Express
Centre clears elevation of Justice Atul S Chandurkar of Bombay HC as Supreme Court judge
The Centre Thursday notified the elevation of Justice Atul Sharachchandra Chandurkar of the Bombay High Court as a judge of the Supreme Court. Justice Chandurkar will serve his tenure as a Supreme Court judge until April 6, 2030, when he will reach the retirement age of 65. This came after the Supreme Court Collegium led by Chief Justice of India (CJI) Bhushan R Gavai on May 26 recommended the appointment of Justice Chandurkar, present seniormost puisne judge of the Bombay High Court, along with that of Chief Justices of Karnataka and Gauhati High Courts, N V Anjaria and Vijay Bishnoi, respectively. The Collegium made the recommendation two days after Justice Abhay S Oka of the Supreme Court, who belonged to the Bombay HC, retired on May 24. Justice Chandurkar will supersede the Chief Justices of Kerala and Madras High Courts, Nitin Jamdar and K R Shriram, respectively, both belonging to the Bombay High Court. While Justice Jamdar was appointed as Bombay HC judge on January 23, 2012, Justice Shriram became HC judge on June 21, 2013, the same day as Justice Chandurkar. However, Justice Shriram was administered oath before Justice Chandurkar on the said day and featured ahead of him on the seniority list. Born on April 7, 1965, Justice Chandurkar completed his schooling at St Vincent's High School in Pune. After graduating from Ness Wadia College, Pune, he obtained a law degree from ILS Law College, Pune. Thereafter, he started practising as an advocate on July 21, 1988 and worked in the chambers of senior advocate B N Naik, who later became the judge of the HC. Justice Chandurkar shifted to Nagpur in 1992 and practised before various courts and also authored two books on the Maharashtra Municipal Council Nagar Panchayats and Industrial Townships Act, 1965, and the Maharashtra Rent Control Act, 1999. He was elevated as an additional judge of the Bombay HC in June 2013. He also served as an administrative judge (seniormost) at the Nagpur bench of the Bombay HC. In June 2024, a Justice Chandurkar-led division bench of the Bombay HC dismissed a plea by nine students of a college in Chembur challenging the dress code that banned hijabs, among other religious identifiers. The judge held that instructions issued by the college did not suffer from infirmity to violate fundamental rights to freedom of expression and of practising religion. In September 2024, Justice Chandurkar gave a deciding opinion after the split verdict on pleas challenging amended IT rules that empower the government to identify 'fake news' on social media platforms through a Fact Check Unit (FCU). Justice Chandurkar agreed with the opinion of Justice Gautam S Patel, who was part of the division bench that delivered the split verdict and struck down the amended rules as 'unconstitutional' and violative of Articles 14 and 19 (1) (a) and 19 (1) (g) of the Constitution. In October 2024, a bench presided over by Justice Chandurkar stayed the Maharashtra government's decision to take back over 116 acres of prime land parcel in the Charkop area in Kandivali (West) allotted for industrial purposes. In March this year, a Justice Chandurkar-led bench dismissed a plea by a Dalit PhD student challenging his suspension by the Tata Institute of Social Science (TISS) over 'repetitive misconduct and anti-national activities'. Earlier this month, Justice Chandurkar sought to know from the Maharashtra government when heritage status would be granted to the residence of Hindutva ideologue VD Savarkar, Savarkar Sadan, situated at Shivaji Park area of Central Mumbai and ordered that till June 13, the status of the property should not be changed.
Time of India
4 days ago
- Politics
- Time of India
When you post…
What Bombay HC said while freeing a student applies to US govt approach to foreign students as well Ravi Srinivasan had only 16 followers on X when he posted against a senior politician's son 13 years ago. That police took note, and felt compelled to arrest him over other pressing matters, was surprising at the time, but no more. Police and lower courts have made examples of countless Ravis since then. A 19-year-old student in Maharashtra learnt this the hard way after posting words sympathetic to Pakistan during Op Sindoor. Although she realised her mistake, deleted the post, and apologised, her college rusticated her, and Maharashtra Police arrested her on May 9 for endangering India's sovereignty, unity and integrity, promoting enmity, and outraging religious feelings. While striking down the dreaded Sec 66A of the IT Act – which was used to harass Ravi, students Shaheen Dhada and Renu Srinivasan, Kolkata prof Ambikesh Mahapatra, and many others – as unconstitutional in March 2015, Supreme Court had made a distinction between discussion, advocacy and incitement. Discussion and advocacy, 'howsoever unpopular', were at the heart of the freedom of expression, a fundamental right, SC had explained. And on Tuesday, Bombay HC did so again, in different words. 'What does the state want? Does the state want students to stop expressing themselves and be converted into criminals,' it asked. To the college, HC said: 'Someone expresses something, you want to ruin the life of a student? How can you rusticate like this?' How grave was the girl's 'offence'? In HC's own words: 'At the most, her act of sharing the post can be termed an indiscretion by a young student.' For this, she spent 18 days in jail and missed two exams. In faraway America, Trump's admin is also bent on silencing foreign students through social media vetting. Details are fuzzy, but to get a student visa you'll probably need to have a particular kind of social media profile. 'We will continue to use every tool we can to assess who it is that's coming here,' a State Dept spokesperson said. Could liking a post about the suffering of children in Gaza be a disqualification? Maybe. But as American Civil Liberties Union pointed out in 2018, social media is today's public square, and it's so concentrated and easy to monitor that just knowing govt is watching you has a chilling effect on free speech. That's why people leave China for US, not the other way round. So, curbing free speech can't be good for democracies, in the West or East. Facebook Twitter Linkedin Email This piece appeared as an editorial opinion in the print edition of The Times of India.
Time of India
5 days ago
- Politics
- Time of India
Are you making her a criminal? Release girl held over post: HC
Mumbai: The Bombay HC Tuesday ordered the immediate release of a 19-year-old rusticated by a Pune college and behind bars since May 9 for her online post on India-Pakistan hostilities during , calling her arrest "absolutely shocking" and orally observing that such "radical reaction from the state will radicalise people". Tired of too many ads? go ad free now She was released from Yerwada prison late Tuesday. "She's not a hardcore criminal," a vacation bench of Justices Gauri Godse & Somasekhar Sundaresan remarked as they also suspended the "hurriedly passed" rustication order. HC said, "At the most, her act of sharing the post can be termed an indiscretion by a young student". HC noted that she had deleted her post within two hours and tendered an apology yet an FIR was registered two days later. The judges said, "Who arrests a student like this? What does the state want? Does the state want students to stop expressing themselves and be converted into criminals? Is this the intention of the state govt?" The teen pursuing BE in IT at Sinhgad Academy of Engineering has missed two papers. "It appears that police officers and the college are bent upon ruining her life," the judges orally remarked. HC ordered her release to prepare and appear for her semester IV exams, which started on May 24. "We see no reason to detain the petitioner in custody," the HC order said. During the pre-lunch hearing, Justice Godse orally asked the college counsel: "Someone expresses something, you want to ruin the life of a student? How can you rusticate like this? Did you call for any explanation?" During the hearing, as the college counsel tried to suggest that the management's actions were in "national interest", HC said, "We have seen everything (in the petition)… This is the age to make mistakes, rectify them and deal with them. That is your role as an educational institution. What impact will a student's post have on national interest?" When the college counsel haltingly said "there is tremendous unrest", Justice Sundaresan interjected, saying, "She has suffered enough". The bench orally remarked, "You are turning her into a criminal? She made a mistake, she apologised. You must reform… help her if you feel she did something wrong… Straight away rusticated. Tired of too many ads? go ad free now How can you rusticate like this? Without any hearing? This is the approach?... We can understand you want to take action; it is a different thing altogether. You cannot refrain a student from appearing for exams…She is not a criminal". HC directed Pune police to ensure that the student is released by evening by communicating its order over the phone to the jail authority. Expressing its distress in open court at the actions of Pune police and Sinhgad Academy of Engineering for rusticating the student, who is pursuing Bachelor of Engineering in IT, HC agreed with the teenager's lawyer Farhana Shah's plea to permit her to take the remaining three papers, one of which is on Thursday. In its written order, HC suspended the rustication saying, "The order of rustication completely ignores the act of the applicant in deleting the post, expressing remorse, and tendering an apology.'' The FIR against the student invoked grave offences under the BNS, 2023, including Section 152 that criminalises actions that threaten the sovereignty, unity, and integrity of India. It punishes individuals who, through words, signs, or other forms of communication, incite secession, armed rebellion, or subversive activities, or encourage feelings of separatism. The FIR, HC noted, was registered by a police constable who claimed to be patrolling the area concerned that day. The FIR alleged she shared a post on May 7 over the armed hostilities which "allegedly caused tension between the two different religions and is likely to adversely affect public peace''. On May 16, the student was denied bail by a Pune magistrate. Her challenge before the sessions court was pending and the hearing scheduled on Wednesday, said Shah, who said she hence filed a civil petition to challenge the student's "arbitrary and unlawful" rustication by the college. During the hearing, HC said, "What does the state want?... This (the arrest) is the radical reaction from the state which will radicalise people. " It asked the student's lawyer to file a criminal petition to enable it to grant her bail.
Time of India
5 days ago
- Politics
- Time of India
HC: Detention ‘irregular', free Yemeni facing deportation
Mumbai: Bombay HC's vacation bench on Tuesday observed that the detention since May 16 of a Yemeni national, who claimed to be a UNHCR refugee, at a police station was irregular and ordered his release. It said it didn't find any reason where authorities can, without following any procedure, seize his passport. The foreign regional registration office handed back his passport. But HC said he can't leave Mumbai without its nod. As per the Yemeni national, Mohammed Qassim Mohammed Al-Shibah (52), he was employed with Yemen Airlines and could not return in 2015 due to a civil war that began the year before. Govt pleader Purnima Kantharia said the deportation order had already been served to him. HC said, "Admittedly, there are no detention centres made available by govt as submitted." There is no provision in Foreigners Act to restrict a person to be deported on a police station's premises, said the petitioner's counsel, Wesley Menezes. HC prima facie agreed. It invoked an SC order that said fundamental rights to equality and life are available even to non-citizens. tnn
Time of India
6 days ago
- Business
- Time of India
Don't finalise bids to replace Turkiye co's Indian arm: HC
Mumbai: Bombay HC's vacation bench on Monday restrained Mumbai International Airport Ltd (MIAL) from making a final decision on bids invited on May 17 to replace a Turkiye-based company's Indian arm for ground and bridge handling services. The decision will remain in effect till a regular bench, after reopening, hears the challenge raised by the entity to its security clearance revocation. On May 15, Bureau of Civil Aviation Security, citing national security concerns, revoked the security clearance granted to Celebi Airport Services. The action followed Turkiye's support of Pakistan during the recent hostilities. Celebi Airport Services India and Celebi Delhi Cargo Terminal Management India then petitioned Delhi HC against the revocation and the cancellation of contracts by the Delhi airport operator. Delhi HC reserved the matter for orders. Last week, Celebi NAS Airport Services India Pvt Ltd approached Bombay HC against the revocation of its security clearance. On Monday, Justice Somasekhar Sundaresan heard Celebi's senior counsel Chetan Kapadia, who asked that the bids not be finalised as it would cause his clients irreversible harm. Kapadia said the firm had two agreements for bridge and ground handling services with MIAL in 2015 and 2018, each for 30 years, with a condition for renewing them for another 30 years. He said the sudden and immediate revocation of clearance and the subsequent termination of services by the Mumbai airport operator placed Celebi in a position where it could not even approach the court for a remedy. Ordinarily, it would have been eligible for a 30-day notice, he said. Senior counsel Vikram Nankani for MIAL said there is a special clause in the contract that allows it to act on orders of the Indian govt in national security interests without giving notice. He said as a pro tem measure, Indo Thai Airport Services was asked to handle the services with Celebi's staff and equipment. Kapadia said Celebi has 2,088 staffers trained over 10 years and it has invested crores for the long-term agreements. He said there must be a mechanism to ensure an inventory of its staff and equipment being used. HC said Indo Thai must hand over a report of all its operational and financial data to MIAL, which will give it to Celebi.
