Latest news with #BombayHighCourt
Indian Express
an hour ago
- Politics
- Indian Express
Bombay HC grants interim protection from demolition to over 200 people residing in vicinity of Malegaon fort
The Bombay High Court on Friday granted interim protection from demolition to over 200 people residing near the vicinity of a fort, an archeological site at Malegaon in Nashik district, who were sent eviction notices by the tehsildar. The HC granted interim protection from coercive action to the petitioners pending their plea challenging the government resolution seeking eviction of people residing near the site. The court also asked the state government's lawyer Kavita N Solunke to file an affidavit in reply to the plea. A vacation bench of Justices Gauri V Godse and Somasekhar Sundaresan was on May 30 hearing a plea by Mohammad Rajjab Khan Mohammad Khan and Shakeel Ahmed Mohammad Israil, residents of Killa (fort) area at Raviwar Ward in Malegaon, who claimed to have filed it on behalf of themselves and over 200 other residents, challenging fresh eviction notice, apprehending demolition. The petitioners, through advocate Manisha Desai, claimed while a gymkhana and a school are already running inside the archeological site, no action has been taken against them. However, arbitrary action has been initiated only against the occupants who are outside the archaeological site. She submitted that the petitioners were informed by the tehsildar that a fresh order for eviction and demolition had been issued against them. The petitioners whose residential structures are on land belonging to the Nashik district Collector claimed the houses have been existing for over 40 years. The petitioners claimed that after they learnt from a news report that the encroachments in the fort will be removed, they came to know from the Collector's office that the state culture and tourism department on January 20 had under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and Ancient Monuments and Archaeological Sites and Remains Rules 1959 had issued a Government Resolution (GR). The GR ordered demolition of unauthorised structures on 47 forts protected by the central government and 62 protected by the archeological department, across the state. A committee headed by the Collector was to be constituted and submit a report, and between February and May this year, the encroachments were to be demolished. The petitioners were informed that their structures are also liable to be removed, after which they approached the HC challenging it. The vacation bench noted that on May 8, a coordinate bench, while hearing another plea relating to similarly placed over 100 petitioners, had directed that no coercive measures be taken against their structures and if at all it is to be taken, due procedure of law by issuing showcause notice be followed and same interim protection from eviction and demolition to those petitioners was extended through May 29 order. On May 30, the bench noted that facts of the present case are similar to facts of the matter in which interim protection was already granted. The court asked Solunke to take instructions about the same and said that the copy of fresh order of eviction be supplied to petitioners' lawyer.
Time of India
3 hours ago
- Time of India
Kolhapur administration removes 11 illegal structures from Vishalgad under heavy police security
Kolhapur: The forest department and revenue department of Kolhapur removed 11 structures — seven houses and four shops — from the historic Vishalgad under heavy police security on Saturday. In July last year, the fort witnessed violence between two groups over the issue of encroachment. There were restrictions for visitors to the fort located in Panhal tehsil of Kolhapur district. The restrictions were relaxed in the last two months. The administration designated 158 structures on the fort as illegal. Last year, 94 encroachments were removed. Recently, residents removed five encroachments, and 59 encroachments are still there. The occupants of the structures had moved a petition in the Bombay High Court. "As per the state govt order, the encroachments were to be removed before May 31. There was heavy rain in the last couple of weeks, and as soon as the weather cleared, we initiated the drive to adhere to the deadline. The forest department removed 11 structures which had no legal stay of any sort from court. The residents cooperated with the teams involved in the drive," Sameer Shingate, sub-divisional officer Panhala told TOI. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Experience three trade fairs with just one ticket Explore Undo automatica 2025 Explore Undo Laser World of Photonics Explore Undo World of Quantum Explore Undo Visit automatica: June 24-27, Munich Explore Undo The state govt has ordered removal of encroachments from forts before May 31 to ensure that their sanctity is maintained, and the followers of Chhatrapati Shivaji Maharaj can visit the forts without inconvenience. The forest department deployed a staff of 40, the revenue department deployed a similar number of staff, and there were 100 police officials on the ground. In total, around 250 people were involved in the drive. "We had informed the occupants of the structures in advance, on Friday, that we were going to carry out the drive. For two days, we imposed restrictions. Now, a religious event is approaching in June, for which, after consultations with the police and other departments, we will impose the required restrictions," said Shingate. The administration allowed visits to the fort between 9.00 am and 5.00 pm, beyond which no one was allowed to stay on the fort after the violence in June last year. A police chowki has been installed at the base to check the details of the visitors.
Time of India
12 hours ago
- Business
- Time of India
Bombay HC holds Hemang Shah arrest illegal for flouting procedure, orders immediate release
The Bombay High Court declared Hemang Shah's arrest by the Economic Offences Wing illegal due to the failure to produce him before a magistrate within 24 hours. MUMBAI: The Bombay High Court vacation bench on Friday declared the arrest of Anchor Group director Hemang Shah , 50, by Mumbai Police's Economic Offences Wing (EOW) as illegal, citing failure by police to produce him before a magistrate in 24 hours. The court ordered his immediate release from Arthur Road Jail. The vacation bench, comprising Justices Gauri Godse and Somasekhar Sundaresan, noted that chat messages between the wives of the two brothers supported Hemang Shah's claim that his arrest and continued custody were intended to recover the settlement amount in mediation between family members. The arrest was based on allegations of defrauding his elder brother, Mehul Shah, of Rs 67 crore. Hemang Shah petitioned the High Court, arguing that his arrest was illegal since he was not produced before a magistrate within 24 hours as required by law. He was detained at Delhi airport at 5.30 pm on May 17 and produced in court only at 10.45 pm on May 18. The High Court agreed, stating that his arrest "without producing him before the nearest magistrate within 24 hours is completely illegal" and infringes on fundamental rights under Article 22(2), which mandates such production. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 5 Books Warren Buffett Wants You to Read In 2025 Blinkist: Warren Buffett's Reading List Undo The First Information Report (FIR) by the elder brother was lodged with Malabar Police Station in South Mumbai at 2.14 am, and a Look Out Circular (LOC) was issued at the police station's request. The dispute, being resolved before a mediator, is between Hemang on one side and his brother and their father on the other. The FIR was filed during mediation, and Hemang, scheduled to fly to Muscat from Delhi on May 17, was apprehended at the airport due to the LOC. Police stated they arrested him on May 18 after the immigration department handed him over at 4.30 am, and then he was brought to Mumbai. Senior counsel for the elder brother—the complainant—argued that the immigration officers cannot be considered police officers, and hence his custody after being "accosted" at the airport was not an "arrest" by police officers. The prosecution and complainant's counsel argued that only on arrest by officers authorised to do so would the legal obligations ensue. The EOW's arrest memo states he was arrested on May 18 at 7.30 pm. The High Court bench said, "In our view, the act of the Immigration Officers to accost the petitioner or detain him on 17th May 2025 at 1730 hours is the act of arrest, and therefore the period of 24 hours as contemplated under Section 58 of BNS and Article 22(2) of the Constitution of India shall begin on 17th May 2025 at 1730 hours." Additionally, the High Court order stated, "Though the petitioner is shown to have been arrested in the arrest memo on 18th May 2025 at 19.30 hours, the material on record does not support the date and time as mentioned in the arrest memo." The bench also refrained from "expressing any comments on the unholy haste shown by the police officers as well as EOW officers in registering the FIR post-midnight at 2.14 hours on 14th May 2025 and also issuing the request for LOC (Look Out Circular) on the same day," stating that the case did not merit such haste. "Considering the nature of the dispute and the allegations made against the petitioner, we did not find any such tearing hurry to initiate action to take the petitioner into custody with such zeal and enthusiasm," said the detailed order made available on Saturday. The High Court also accepted the prosecutor's statement that the police would preserve CCTV footage of the EOW Unit 5 office at DN Road and the May 18, 22, 25 entry register for two weeks to enable Hemang Shah to take legal steps. However, the High Court clarified that its observations were only to decide his plea regarding his illegal arrest and would not influence the trial or merits of the case.
Indian Express
a day ago
- Business
- Indian Express
Bombay HC declares arrest of Anchor group director by EOW ‘completely illegal', orders his release
The Bombay High Court on Friday held as 'completely illegal' the arrest of Anchor Group director Hemant Jadavji Shah, who was arrested by the Economic Offences Wing (EOW) of Mumbai police earlier this month. It ordered that he be released from Arthur Road jail forthwith. The agency arrested him for allegedly defrauding his elder brother to the tune of Rs 9 crore while investing the proceedings of the sale of their company Anchor Electricals, which was sold to Panasonic Electricals in 2007. The HC noted that the petitioner was produced before the magistrate nearly 30 hours after his arrest, which was against legal principles and violated his fundamental rights. The court further said the EOW officers acted in 'unholy haste' in registering the FIR. Hemant Shah (50) was booked under offences of cheating and criminal breach of trust based on the complaint by his brother Mehul Shah. The alleged financial transactions were undertaken between 2020 and 2025 under the garb of investments in mutual funds to seek higher returns. A vacation bench of Justices Gauri V Godse and Somasekhar Sundaresan passed an order on Hemant's plea alleging illegal detention. Senior advocate Ravi Prakash for Hemant argued EOW's reply to the plea clearly showed the petitioner was arrested on May 17 at 5:30 pm and was produced before the magistrate after 24 hours, at 11 pm on May 18. The HC noted that while the immigration officers detained him on May 17 evening, they handed over his custody to EOW at 4 am on May 18. Prakash submitted that the detention of the petitioner by immigration officers and producing him before the magistrate after almost 30 hours would render his arrest illegal. The bench perused the remand report and noted that the petitioner was taken into custody by the immigration officers at IGI Airport in Delhi and custody continued till EOW officers reached the airport and he was handed over to them at Delhi airport. Therefore, the HC 'did not find any substance' in Mehul's submission that the immigration officers cannot be termed as authorised officers for arresting the petitioner or to take him into custody. 'Thus, we are of the view that there is breach of the requirements under Section 48 (obligation of person making arrest to inform about the same to relative or friend) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the continuation in custody without producing him before the nearest magistrate within the stipulated time of 24 hours as is completely illegal and it infringes the fundamental rights under Article 22 (2) of the Constitution,' the bench noted in its order. It also held that the illegal detention violated the petitioner's right to liberty under Article 21 of the Constitution. The HC said it would refrain from expressing comments on 'unholy haste shown by the officers in registering FIR post midnight at 2 14 am on May 14 and also in issuing Look Out Circular (LOC) on the same day'. 'Considering the nature of the dispute and the allegations made against the petitioner, we did not find that there was any such hurry to initiate action to take the petitioner into custody with such zeal and enthusiasm. In view of the well settled legal principles, we have no manner of doubt in concluding that the petitioner's arrest is illegal for non-compliance of the provisions of law,' the HC said and allowed his plea.
Indian Express
a day ago
- Politics
- Indian Express
‘Entire complexion of Delhi HC is changing': Justice Dharmesh Sharma, who held Kuldeep Sengar guilty in Unnao rape case, retires
Terming it a positive change, Justice Dharmesh Sharma of the Delhi High Court said Friday that 'the entire complexion of the HC is changing' with 'so many outsiders coming'. He was speaking at a farewell organised for him by the Delhi High Court Bar Association (DHCBA) ahead of his official retirement on June 8, when the court will be on vacation. The remarks come at a time when the Supreme Court Collegium headed by Chief Justice of India B R Gavai on May 26 recommended the transfer of three judges to the Delhi High Court, including Justice Nitin Sambre of the Bombay High Court, Justice Vivek Chaudhary from the Allahabad High Court, and Justice V Kameswar Rao, who is being repatriated to his parent high court of Delhi from Karnataka High Court. Incumbent Chief Justice D K Upadhyaya too took charge in January after being transferred from the Bombay High Court. As a judge of the trial court and the special court to hear cases under the POCSO (Protection of Children from Sexual Offences) Act, Justice Sharma had in 2019 held former BJP MLA Kuldeep Sengar guilty of rape of a minor girl in Unnao in 2017. Stating that he will join the Bar 'soon', Justice Sharma said, 'A lot many things are happening, if I'm allowed to say. The entire complexion of the (Delhi) HC is also changing and…sometimes now this high court is looking like an IPL franchise because so many outsider players are coming and (will) come in future. I think it's a good thing…' 'I don't know how to end my note because it is a little emotional for me… I'm thankful… The justice delivery system needs some overhauling, some changes, yes. You may please bring about some objectivity to whatever is happening around… We can do more about it,' he added. Speaking at the full court farewell reference of Justice Sharma, Chief Justice Upadhyaya said on Friday, 'He was deeply involved in the institutionalising of legal aid framework, infrastructure development and streaming of various legal awareness programmes across the Capital…He is known to be a judge of great practical wisdom and he always remained oriented to grant relief to litigants in the court.' Justice Sharma had, in September 2024, dismissed a petition by the Shahi Idgah (Waqf) managing committee opposing the installation of a Rani of Jhansi statue inside the Shahi Idgah Park in Sadar Bazar and sought that the Delhi Development Authority (DDA) and Municipal Corporation of Delhi (MCD) be restrained from such encroachments. Earning his law degree in 1987, he practised at trial courts in Delhi, mainly in civil matters. He was also appointed as the additional standing counsel of the Centre during this time before joining the Delhi Judicial Services in 1992. After serving a little over a decade, he was elevated to the Delhi Higher Judicial Services in August 2003. From 2017-19, he served as a principal judge of the family court and was later appointed as principal district judge of New Delhi till he was elevated to the Delhi High Court in May 2023. He served as secretary of the Delhi High Court Legal Services Committee during 2007-08 and also as member secretary of Delhi State Legal Services Authority (DSLSA) during 2014-17.
