HC complex row: Contempt petition against state

A contempt petition has been filed in the Bombay high court (HC) against the state chief secretary and various other government officials by an advocate for not complying with a January 2019 order of HC

Mumbai A contempt petition has been filed in the Bombay high court (HC) against the state chief secretary and various other government officials by an advocate for not complying with a January 2019 order of the HC.

The PIL had sought directions to the state government for allocation of a large plot of land in the city for constructing a new HC complex as the current structure at Fort was proving insufficient (HT PHOTO)

The order had asked the state government authorities to look into the issue of shortage of space in the HC and to find a solution to the problem within six months. The petition has claimed that as nothing has been done since the expiry of the six months period, the government officials are guilty of contempt of court orders and hence should be punished in accordance with law. The petition is expected to come up for hearing in due course.

The contempt petition filed by advocate Ahmad Abdi has stated that on January 22, 2019, the HC had concluded hearing of a public interest litigation (PIL) filed by him in 2012. The PIL had sought directions to the state government for allocation of a large plot of land in the city for constructing a new HC complex as the current structure at Fort was proving insufficient.

In its January 22, 2019 order, the HC had directed the state government to consider whether apart from the plot of land in Bandra (E) that had been identified and earmarked for the HC complex, additional land near it could be allotted for the advocates chambers and for the three bar associations that are functional in the HC. The state was asked to convey its decision to the HC within six months and till then not to encumber the additional land.

The petition states that though a hearing was held on August 27, 2019, and the HC had sought reasons for the need for additional space from the administrative side of the HC, nothing had been done thereafter and hence there was contempt of the January 22, 2019 order of the court.

“The petitioner states and submits that the contemnor state government has completely failed and deliberately ignored to comply with the order,” states the petition. In light of this and due to the deliberate and intentional flouting of the court order, the petition has sought punishment to the contemnor state government.

The petition is expected to come up for hearing in due course.