HC allows Bilkis Bano to file appeal seeking a hearing
MUMBAI: The Bombay high court on Wednesday rejected the intervention application filed by Bilkis Bano, the survivor of a gang-rape and the witness to the murder of her family, in the aftermath of the 2002 Godhra riots.
The court ruled that the application was not covered under provisions of the Criminal Procedure Code. However, it said that as it was inclined to hear what Bano had to say, it would allow her to convert her intervention application into an appeal.
This appeal however, cannot challenge the life sentence awarded to the 11 convicts by the trial court and instead, should challenge the acquittal of the five Gujarat policemen in the case, said the court.
A bench of Justices VK Tahilramani and Mridula Bhatkar directed Bano’s counsel to inform the court of her decision by Thursday morning.
The bench was hearing an appeal filed by the Central Bureau of Investigation (CBI), which sought that the sentence of the convicts be increased. The bench was also hearing an appeal filed by the convicts in the case, who challenged their conviction.
In August, Bano had filed the intervention application, seeking that she be granted a hearing.
On Wednesday, Bano’s counsel Vijay Hiremath argued that she had approached the high court after having endured a long and taxing cross examination before the National Human the trial court.he added that as an “eye witness and a victim in the case,” she had a “right to participate.” He argued that the 2008 amendment to the CRPC that allowed a victim in criminal cases to appeal must also confer a right to intervene.
The submissions however, were opposed by advocate Harshad Ponda, the counsel for the convicts. Ponda said the amendments only allowed a victim to file an appeal and not an intervention application. He argued that the law did not permit a victim to file an appeal seeking that the sentence of the convicts be increased.
Ponda said the CRPC amendment allowed an appeal only under three circumstances — challenging the acquittal of an accused, challenging a verdict if the accused has been convicted for a lesser offence, and if the victim has been awarded inadequate compensation.
The CBI’S counsel, advocate Hiten Venegaonkar said that in cases such as this one, where “grievous crimes had been committed ”thecourtmustconsider MUMBAI: The Bombay high court issued contempt notices to two assistant commissioners of police (ACP) on Wednesday for failing to take action against noise pollution during Navratri, despite receiving complaints.
Noting that Mumbai’s noise pollution rules (NPR) had been completely violated, especially during the recently-concluded festive season, the bench of Justice Abhay Oka and Justice Amjad Sayed directed the Maharashtra chief secretary to file a personal affidavit detailing what strict compliance with the NPR.
The court was hearing public interest litigations — one filed by Thane-based activist Dr Mahesh Bedekar and another by Aawaz Foundation — complaining about the lack of compliance with the NPR.
Dr Bedekar complained that the rules were not adhered to while organising festivals such Ganeshotsav, Navratri and Dahi Handi in Thane.
He cited a lack of action on part of the authorities, even if complaints were made about the violations.
Sumeira Abdulali of Aawaz Foundation filed an affidavit complaints of violation of the NPR, but no action was taken by the police.
After perusing a report submitted by government pleader Abhinandan Vagyani, the bench noticed that action was taken only in 11 of the 61 cases.
However, the police failed to record decibel levels, stop the noise, seize the loudspeakers or conducting a preliminary inves bench felt that against this backdrop, those accused in the 11 cases would be acquitted.
The court has granted the ACPS — one from Ulhasnagar and another from Borivli — time till December 17 to file their respective affidavits.
On Wednesday, the Maharashtra Pollution Control Board filed an affidavit in the high court stating that it proposed to conduct noise mapping in 10 major cities — all class A municipal corporations in Maharashtra.
These include Mumbai, Thane, Pune, Nagpur, Aurangabad, Nasik, Kalyan-dombivali, Navi Mumbai Kolhapur and