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Adarsh Society, Headley cases kept Maharashtra courts busy in 2016

HC also lifted the ban imposed on women from entering the sanctum sanctorum of Haji Ali dargah

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Press Trust of India Mumbai
Last Updated : Jan 05 2017 | 11:21 AM IST
The deposition of David Headley in the 26/11 terror attack case, lifting of the ban on entry of women in the Haji Ali dargah and Shani shrine in Shingnapur and the Sheena Bora case kept courts in Maharashtra busy in 2016.

Other cases which hogged the limelight during the year gone by were the high court decision allowing the release of "Udta Punjab" which was embroiled in a battle with the censor board and bail to Congress Vice President Rahul Gandhi in a defamation case over his alleged comment against RSS on Mahatma Gandhi's assassination.

On May 14, NIA filed charge sheet in the Malegaon 2006 case giving a clean chit to sadhvi Pragya Thakur and five others in the 2008 Malegaon blast case while charges under the stringent MCOCA law were given up against all the other 10 accused including Lt Col Prasad Shrikant Purohit.

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Delhi Chief minister Arvind Kejriwal appeared in a city court in connection with a case for holding a rally in Mumbai without required permissions.

Gangster Chhota Rajan, who was extradited from a foreign country earlier, was named in a charge sheet in the journalist J Dey murder case.

Headley, the Pakistani-American Lashkar-e-Taiba terrorist, deposed in a Mumbai court in February through videoconference from an undisclosed location in the US as witnesses in the 26/11 Mumbai attack case in which he had turned approver. Headley, who is in a US prison following the conviction in a terror case, was examined and later cross-examined for over 10 days during which he supported the prosecution's case describing how LeT had plotted the 26/11 attack.

Former minister Chhagan Bhujbal was arrested under PMLA in a case of alleged corruption. The Bombay High court rejected his bail and Habeas Corpus petition challenging his arrest.

In a victory for women, the Bombay High Court lifted the ban imposed on women from entering the sanctum sanctorum of Haji Ali dargah saying it contravenes fundamental rights and the trust has no right to prohibit entry of women into a public place of worship.

In a similar case, the high court said no law prevents women from entering a place of worship and if men are allowed then women too should be permitted to enter the Shani Shingnapur temple in Maharashtra's Ahmednagar district.

The high court during the year ordered demolition of the 31-storey scam-tainted Adarsh apartment in the heart of Mumbai and sought criminal proceedings against politicians and bureaucrats for "misuse" of powers, holding that the tower was illegally constructed.

The demolition order was stayed for 12 weeks to enable the society to appeal in Supreme Court.

In a major setback to BCCI, the high court, on April 13, ordered shifting of IPL matches to be held in Maharashtra after April 30 to another state considering the severe drought situation in the state.

In a twist to the sensational Sheena Bora case where former media baron Peter Mukerjea, his wife Indrani Mukerjea and her former husband Sanjeev Khanna are accused, driver of Indrani Shyamvar Rai turned approver. Besides, Peter's bail was rejected by the trial court and the high court. Sheena was the daughter of Indrani from her first husband Sanjeev.
A special PMLA court in Mumbai issued non-bailable

A warrant against business tycoon Vijay Mallya who was also declared a proclaimed offender by the court in November 2016.

In another development, the PMLA court allowed the plea of Enforcement directorate seeking extradition of former IPL commissioner Lalit Modi who fled to London and stays there.

Another high court case which hogged the limelight during 2016 was the beef ban. Upholding the ban on the slaughter of bulls and bullocks in the state, the high court struck down two sections of Maharashtra Animal Preservation (Amendment) Act which criminalised possession of beef of animals slaughtered outside the state.

In the Bilkis Bano gang rape case, the high court reserved judgment in appeals filed by 11 convicts and also an appeal filed by CBI seeking the death penalty for three convicts.

In a major embarrassment to the state Anti-Terrorism Squad (ATS), the Bombay High Court, in March, quashed and set aside the death penalty awarded to lone convict Himayat Baig in the 2010 Pune German Bakery blast case due to lack of evidence and the prosecution's failure to prove its case beyond reasonable doubt.

In the Panvel orphanage rape case, the high court, in March, commuted the death sentence awarded to Ramchandra Karanjule, director of an orphanage, for murdering an inmate and gang-raping five mentally challenged girls there.

In another development, the high court admitted and posted for final hearing an appeal filed by Chandrabhan Sanap, convicted in Esther Anuhya rape and murder case, challenging the death penalty awarded to him.

The high court, in April, admitted appeals filed by Ateef Mulla and Hasib Mulla, convicted under the Prevention of Terrorism Act (POTA) for the 2002-2003 triple blasts, and sentenced them to 10 years imprisonment.

The court, while hearing petitions, also monitored investigations into the murder of rationalist Narendra Dabholkar and activist Govind Pansare. Their families had moved the HC seeking a detailed probe into the killings.

Throughout the year, CBI and Maharashtra's CID faced the ire of the high court for dragging its feet in its probe into the murder of Dabholkar and Pansare. While CBI is probing the Dabholkar's Killing, CID is investigating Pansare case.

Following demonetisation, the Mumbai, Solapur, Nashik and Pune District Central Cooperative Banks approached the Bombay high court challenging RBI circular of November 14, restricting them from exchanging or depositing old currency notes of Rs 500 and Rs 1,000.

The high court said it would hear the petitions only if the Supreme Court makes it clear that it can consider similar petitions pending in the apex court.

In yet another important case, the Bombay High Court refused to stay British rock band 'Coldplay' concert in November but said Maharashtra government should take an undertaking from the organisers of the event that it would be willing to pay the waived entertainment duty if the court directs so in future.

Stand up Comedian Kapil Sharma and actor Irrfan Khan approached the high court challenging a notice issued against them by Brihanmumbai Municipal Corporation (BMC) directing razing of unauthorised structures allegedly constructed by them at their flats in suburban Goregaon. The court has directed the BMC to file their replies and ordered for status quo to be maintained.

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First Published: Jan 05 2017 | 11:12 AM IST

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