Abhishek Birendra Tiwari vs The State Of Maharashtra And Ors
2024 Latest Caselaw 188 Bom

Bombay High Court

Abhishek Birendra Tiwari vs The State Of Maharashtra And Ors on 4 January, 2024

                                                                                  9-CRPIL.6.2023


Jvs.
             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION

                PUBLIC INTEREST LITIGATION NO. 6 OF 2023


       Abhishek Birendra Tiwari                       }         Petitioner
                Versus
       The State of Maharashtra & Ors.                }         Respondents


       Mr. Zubin Behramkamdin and Ms. Gulnar
       Mistry, Amicus Curiae, present.
       Mr. A. R. Patil, APP for State.
       Mr. Himanshu Kode for respondent no. 2.


                      CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. &
                             ARIF S. DOCTOR, J.

                      DATE:            4th JANUARY 2024


       P.C.:

1. Affidavit in reply filed on behalf of respondent no. 6, by the learned APP, is taken on record. He is requested to supply English translation of the Marathi documents annexed with the said affidavit. Let a copy of this affidavit be supplied by the learned APP to the learned Amicus Curiae.

2. In our order dated 8th November 2023, we had directed respondent no. 2 to file an affidavit in reply, however, no such affidavit has been filed. Learned counsel representing respondent no. 2 states that since the respondent no. 2 did not have access to the documents as the related documents were lying with the superiors, hence, no affidavit in reply could be filed on behalf of the respondent no. 2, however, he undertakes

9-CRPIL.6.2023

to file the same within a week. The said affidavit shall also be filed after serving a copy thereof on the learned Amicus Curiae.

3. We had also directed the State Government to file affidavit in reply to the para-wise averments made in the PIL petition and to place on record the steps taken by the State authorities for ensuring implementation of the Judgment dated 7th April 2017 passed by a coordinate Bench of this Court in Public Interest Litigation No. 182 of 2010, however, the said affidavit has also not been filed. The learned APP, however, states that the affidavit to be filed on behalf of the State Government (respondent no. 7) is under preparation, which shall be filed within a week. Let the said affidavit in reply be filed within a week after serving a copy thereof on the learned Amicus Curiae. [A copy of this affidavit shall be placed in Original Side PIL Petition No.70 of 2014 as well.]

4. We request the learned Amicus Curiae to file a response/note to these affidavits, which are to be filed by the respondents, by the next date of listing.

5. Stand over to 5th February 2024.

JAYANT VISHWANATH SALUNKE

14:55:59 +0530 (ARIF S. DOCTOR, J.) (CHIEF JUSTICE)