Bombay High Court
Smt. Sangeeta Sandeep Punekar vs The State Of Maharashtra And 6 Ors on 4 January, 2024
8-PIL.70.2014
Jvs.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO. 70 OF 2014
Smt. Sangeeta Sandeep Punekar } Petitioner
Versus
The State of Maharashtra & Ors. } Respondents
Ms. Nayana Pardeshi for the petitioner.
Mr. Zubin Behramkamdin and Ms. Gulnar
Mistry, Amicus Curiae, present.
Mr. Abhay L. Patki, Additional
Government Pleader for State.
Mr. Chetan Arvind Alai with Mr. Varun
Joshi for respondent no. 8.
Mr. Ajit S. Hodage for respondents 11 to
13 and 15 to 20.
Mr. Ashish Gaikwad with Mr. Anirudh Pote
for the petitioner in ASWP/33115/2023
(Not on Board).
Mr. Bapurao Bhavane, Chief Officer,
Children's Aid Society, Mr. Annasaheb
Surwase, Legal Advisor, Women and Child
Department, Mr. Mahadev Sawant,
Chairperson, CWC, Mumbai City, Mr. Sunil
Shirishkar, Chairperson, CWC, Mumbai
Suburban, Ms. Nilima Kolankar, Principal,
MDCH, Mankhurd and Ms. Anita P.
Kadam, Crime Branch attached to S. S.
Branch present.
CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. &
ARIF S. DOCTOR, J.
DATE: 4th JANUARY 2024
8-PIL.70.2014
P.C.:
1. An affidavit has been filed on behalf of the petitioner,
which is taken on record. Learned counsel for the petitioner also
submits short narration/affidavit and compilation of the orders
passed earlier, which are also taken on record.
2. Having regard to the nature of issue, which is engaging
attention of this Court in these matters, we request the learned
Amicus Curiae (Mr. Zubin Behramkamdin and Ms. Gulnar Mistry,
appointed in Criminal PIL No. 6 of 2023) to assist the Court in
this matter as well and to prepare a note giving details of the
issues, the various directions passed earlier by the Court, the
compliances which are said to have been made by the State by
filing different affidavits, and their suggestions so as to
strengthen the functioning of institutions where mentally
deficient children are housed.
3. We have been informed that the subject matter being dealt
with in this PIL petition concerns with the Judgment and order
dated 7th April 2017 passed in Public Interest Litigation No. 182
of 2010. We have also been informed that in PIL Petition No.182
of 2010, certain contempt petitions have been moved and
hence, it will be appropriate to hear both the matters together.
4. Apart from the above, we have been informed by the
learned counsel appearing for respondents 11 to 13 and 15 to
20 that with certain prayers relating to issuance of directions to
the State Government for providing grants etc. to the children
homes, a separate writ petition, namely, Appellate Side Writ
Petition (L) No.33115 of 2023 has been filed, which is also
8-PIL.70.2014
pending. With the consent of the learned counsel appearing for
the parties, we propose to hear this PIL petition along with
Appellate Side Writ Petition (L) No.33115 of 2023. Accordingly,
Appellate Side Writ Petition (L) No. 33115 of 2023 be tagged
along with this PIL Petition. Office is also directed to place the
paper book of PIL Petition No.182 of 2010 before the Court
when this matter is listed next.
5. We also request the learned counsel appearing for the
petitioner to provide complete papers of this PIL petition as also
PIL Petition No. 182 of 2010 to the learned Amicus Curiae.
6. Stand over to 5th February 2024.
JAYANT
VISHWANATH
SALUNKE
(ARIF S. DOCTOR, J.) (CHIEF JUSTICE)
