High Court Of Bombay

Bombay High Court

The Bombay High Court is one of the oldest and most prestigious courts in India, with a rich history that dates back to the British colonial era. It has jurisdiction over the state of Maharashtra, as well as the Union Territory of Dadra and Nagar Haveli and Daman and Diu. The court is renowned for its efficient administration of justice and has delivered several landmark judgments over the years.

The Bombay High Court was established in 1862, during the British colonial era. The court was initially known as the Bombay Supreme Court and was responsible for delivering justice in the region. The court's jurisdiction was expanded over the years, and it was renamed the Bombay High Court in 1960, after the state of Bombay was reorganised into the states of Maharashtra and Gujarat.

Today, the Bombay High Court is one of the busiest courts in India, with a large number of judges dedicated to handling a wide range of cases. The court has a reputation for being efficient and delivering justice in a timely manner, and is respected by both legal professionals and the general public.

Location of Bombay High Court

The Bombay High Court is located in Mumbai, the financial capital of India. The court is situated in a grand building that is considered to be one of the most impressive structures in the city. The building was designed by British architect George Wittet and was completed in 1878. The building is a stunning example of Gothic architecture and is a popular tourist attraction in Mumbai.

Important Bombay High Court Judgments

The Bombay High Court has delivered several landmark judgments over the years, many of which have had a significant impact on the legal system of India. Some of the most notable judgments delivered by the court are:

Laxman Naik v. The State of Orissa (1994)

In this case, the Supreme Court of India held that a person who has been acquitted of a criminal charge can be retried if new evidence is discovered after the acquittal.

State of Maharashtra v. Praful Desai (2003)

In this case, the Bombay High Court held that the Maharashtra Control of Organised Crime Act (MCOCA) was unconstitutional as it violated the fundamental right to freedom of speech and expression.

Javed Ahmed Abdul Hamid Pawala v. State of Maharashtra (2012)

This was a case related to the 2006 Mumbai train bombings, in which the accused were tried under the provisions of the MCOCA. The Supreme Court of India upheld the use of MCOCA in the case, stating that it was a necessary tool in the fight against terrorism. This judgment is significant as it clarifies the use of MCOCA in cases of terrorism.

The Bombay High Court has a reputation for delivering efficient justice and has been praised for its speedy disposal of cases. The court has embraced technology to a large extent and has implemented several measures to improve the delivery of justice. The court has also been proactive in protecting the rights of citizens and has delivered several Bombay High Court judgments that have had a positive impact on society.

Judges of Bombay High Court

The Bombay High Court has a large number of judges, who are responsible for delivering justice in a timely and efficient manner. In addition to the Chief Justice of Bombay High Court, there are several other judges who play an important role in the functioning of the court. Some of the most notable judges of the Bombay High Court are:

• Justice Dipankar Data: Justice Datta is the current Chief Justice of Bombay High Court. He was appointed to the position in March 2021 and has since been instrumental in improving the functioning of the court.
• Justice S. C. Gupte: Justice Gupte is a senior judge of the Bombay High Court and has delivered several important Bombay High Court judgments over the years. He has a reputation for being fair and impartial and is respected by both legal professionals and the general public.
• Justice R. V. Ghuge: Justice Ghuge is another senior judge of the Bombay High Court, who has been instrumental in delivering justice in a timely and efficient manner. He has been involved in several important cases and has been praised for his meticulous approach to the law.
• Justice Nitin Jamdar: Justice Jamdar is a judge of the Bombay High Court who has been instrumental in improving the functioning of the court. He has a reputation for being fair and impartial and is respected by both legal professionals and the general public.
• Justice S. J. Kathawalla: Justice Kathawalla is another senior judge of the Bombay High Court who has been involved in several important cases over the years. He has a reputation for being firm but fair and is respected by both legal professionals and the general public.

Bombay High Court Judges Appointment Procedure

The process for the appointment of judges to the Bombay High Court is laid down in the Indian Constitution. The appointment of judges is done by the President of India, on the advice of the Chief Justice of India and the collegium of judges.

The collegium of judges is responsible for recommending the names of suitable candidates for appointment to the high court. The collegium comprises the Chief Justice of India and four senior judges of the Supreme Court.

Once the names of suitable candidates are recommended by the collegium, they are sent to the central government for approval. The central government then conducts a background check on the candidates and may consult with other stakeholders before making a final decision.

Once the appointment is approved, the new judge is sworn in by the Chief Justice of Bombay High Court and begins his or her tenure on the bench. The judges of the Bombay High Court are appointed for a term of two years, after which their tenure may be extended based on their performance and other factors.

The Bombay High Court is known for delivering efficient justice and has been praised for its speedy disposal of cases. The court has delivered several important judgments over the years, many of which have had a significant impact on the legal system of India.

The court has also been proactive in protecting the rights of citizens and has delivered several Bombay High Court judgments that have had a positive impact on society. Some of the most notable Bombay High Court orders delivered are:

• The court ordered the Maharashtra government to ensure that all COVID-19 patients in the state received proper medical care and treatment.
• The court ordered the Mumbai Police to conduct a thorough investigation into the death of actor Sushant Singh Rajput and ensure that all those responsible were brought to justice.
• The court delivered a landmark judgement in the case of Navtej Singh Johar v. Union of India, in which it struck down Section 377 of the Indian Penal Code, which criminalised consensual same-sex relationships.
• The court ordered the Maharashtra government to implement a ban on single-use plastic in the state, in order to protect the environment and reduce waste.
• The court ordered the release of activist Varavara Rao, who had been detained without trial for over two years, citing concerns about his health and well-being.

These Bombay High Court orders and Bombay High Court judgement demonstrate the commitment of the Bombay High Court to upholding the law and protecting the rights of citizens. The judges of the court have a reputation for being fair and impartial, and they are known for their deep knowledge of the law and their dedication to justice.

The Bombay High Court has a total of 94 judges, including the Chief Justice of the court. These judges are appointed by the President of India, on the advice of the Chief Justice of India, in consultation with the Governor of Maharashtra and the Chief Justice of the Bombay High Court.

The court has a sanctioned strength of 94 judges, but currently, there are only 74 judges in position. The court has been facing a shortage of judges for several years now, and this has led to a backlog of cases. The Bombay High Court has been working to address this issue by appointing new judges, but progress has been slow.

The appointment of judges to the Bombay High Court follows a rigorous procedure that is designed to ensure that only the most qualified candidates are selected. The process begins with the identification of suitable candidates by the collegium, which is made up of the Chief Justice of India and four senior judges of the Supreme Court.

Once the collegium identifies suitable candidates, their names are forwarded to the government, which conducts a thorough background check and a review of their qualifications. The government may also seek the opinions of other judges, lawyers, and members of the legal community.

Once the review process is complete, the government forwards the names of the selected candidates to the President of India, who makes the final appointment on the advice of the Chief Justice of India.The appointment process for judges is a lengthy one and can take several months to complete. This has led to criticism in some quarters, with some arguing that the process is too slow and that it contributes to the backlog of cases in the courts.

However, others argue that the rigorous appointment process is necessary to ensure that only the most qualified candidates are selected and that the integrity of the judiciary is maintained.