Kunal Kamra vs Union Of India
2024 Latest Caselaw 2936 Bom

Bombay High Court

Kunal Kamra vs Union Of India on 31 January, 2024

Author: Neela Gokhale

Bench: G.S. Patel, Neela Gokhale

                                                                         1-OSWPL-9792-2023++.DOC




                                                                                                   Shephali



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION
                                       WRIT PETITION (L) NO. 9792 OF 2023


                       Kunal Kamra                                                       ...Petitioner
                              Versus
                       State of Maharashtra & Ors                                    ...Respondents

                                                         WITH
                                      WRIT PETITION (L) NO. 14955 OF 2023
                                                         WITH
                                INTERIM APPLICATION (L) NO. 17704 OF 2023
                                                           IN
                                      WRIT PETITION (L) NO. 14955 OF 2023

                       Editors Guild of India                                             ...Petitioner
                              Versus
                       State of Maharashtra & Ors                                    ...Respondents

                                                         WITH
                                          WRIT PETITION NO. 7953 OF 2023
SHEPHALI                                (CIVIL APPELLATE JURISDICTION)
SANJAY
MORMARE
Digitally signed by
SHEPHALI SANJAY
MORMARE
Date: 2024.01.31
                       Association of India Magazines                                     ...Petitioner
18:38:18 +0530
                             Versus
                       Union of India & Ors                                          ...Respondents


                       Mr Navroz Seervai, Senior Advocate, with, Mr Darius
                           Khambata, Senior Advocate, with Arti Raghavan,Vrinda


                                                        Page 1 of 3
                                                     31st January 2024


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                                                       1-OSWPL-9792-2023++.DOC




      Bhandari, Gayatri Malhotra, Abhinav Sekhri, Tanmay Singh i/b
      Meenaz Kakalia, for the Petitioner in Writ Petition (L) No 9792
      of 2023.
 Mr Shadan Farasat, with Hrishika Jha & Natasha Maheshwari, i/b
      Bimal Rajsekhar for the Petitioner in WPL/14955/2023.
 Mr Arvind Datar, Senior Advocate, with Nisha Bhambani, Rahul
      Unnikrishnan & Bharat Manghani, i/b Gautam Jain, for the
      Applicant in IAL/17704/2023.
 Mr Gautam Bhatia, with Radhika Roy, i/b Aditi Saxena for the
      Petitioner in WP/7953/2023.
 Mr Tushar Mehta, Solicitor General, (appeared online) with
      Devang Vyas, Additional Solicitor General, Rajat Nair, Gaurang
      Bhushan, Aman Mehta, DP Singh, Savita Ganoo, Anusha
      Amin, Vaishnavi, Bhuvanesh Kumar, Additional Secretary,
      Vikram Sahay, Diretor & Ritesh Kumar Sahu, Scientist D, for
      the Respondent-UoI in all matters.


                               CORAM      G.S. Patel &
                                          Neela Gokhale, JJ.

                               DATED:     31st January 2024
 PC:-

1. Each of us has pronounced separate judgments. We have not been able to concur. Accordingly, in accordance with our Rules, the matters will now be placed before the Hon'ble The Chief Justice by the Registry for being referred to a third Judge.

2. There was a statement made on behalf of Union Government that has continued since approximately April 2023. We note that Mr Mehta does not have instructions to continue this indefinitely. This is, however, a matter of administrative courtesy to the Hon'ble the Chief Justice and to the third Judge who will have to take up these

31st January 2024

1-OSWPL-9792-2023++.DOC

matters. Obviously, any substantive application for a further continuance will have to be made to the third Judge.

3. Having said that, we note Mr Mehta's statement that on a without prejudice basis the statement will continue for a further period of 10 days from today. We accept that.

 (Neela Gokhale, J)                                          (G. S. Patel, J)





                               31st January 2024