HC sitting over violation of its Order by State, despite Contempt Bench asks Govt to seek SC view on it

June,26,2016:

SC had dismissed the petition filed by Maharashtra Government against Bombay High Court Order.

On August 11, 2014, on a petition filed by Swati Patil, of Utkarsh Mahila Samajik Sanstha, an NGO, Bombay High Court had ordered that in the Dahi Handi celebrations organised in State of Maharashtra the height of human pyramids should not exceed 20 feet.

Also no child below the age of 18 years should not be allowed to take part in the functions.

The Mah. State government thereafter had challenged the Bombay High Court order before the Supreme Court.

Initially this order was suspended but later on SC dismissed the petition filed by Maharashtra Government.

As per State Government, no opinion was expressed by the apex court on the height restriction imposed by the high court. Hence, they pleaded that were not bound by the earlier order of the Bombay High Court.

The issue again cropped up on a contempt petition filed by Swati Patil.

Patil alleged that despite being binding, Maharashtra Government and others are not abiding with the orders of the Bombay High Court on the issue of unreasonable height of human pyramids in Dahi Handi celebrations.

Patil’s this contempt petition, is currently being heard by the Bombay High Court, also challenges a Dahi Handi function organised by Ganesh Pande, former head of BJP Yuva Morcha, in the city last year, pleading that the height of the human pyramid there was above 20 feet and hence it violated the earlier High court order.

However instead of initiating Contempt Proceedings against the State the Bombay High Court on Friday asked Maharashtra Government to get a clarification from the Supreme Court on its earlier 2014 order regarding the height of human pyramids for the Dahi Handi celebrations in the state.

The High Court, however, was of the view that its 2014 order would still be in force as it not been set aside by a higher court.

Therefore, the Bench passed order only direction the state government to get clarification from the Supreme Court about the same as the apex court order was silent on this aspect.

Patil alleged that the function was backed by Ashish Shelar, MLA and President of Mumbai unit of BJP.

Bench of Justice Abhay Oka issued show cause notice to Pande who had organised the function. The petition notice is returnable on July 29.

Ashish Shelar, contended that he had merely present at the function as the chief guest and that he had not organised the celebrations.