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Bombay High Court

Nisha Pradeep Pandya Alias Nisha Amit ... vs Union Of India And 2 Ors on 21 March, 2023

Author: Neela Gokhale

Bench: G. S. Patel, Neela Gokhale

                                                                    1-2-OSWPL-32065-2022+.DOC




                    Shephali



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               ORDINARY ORIGINAL CIVIL JURISDICTION
                                   WRIT PETITION (L) NO. 32065 OF 2022
                                                     WITH
                               INTERIM APPLICATION (L) NO. 598 OF 2023
                                                       IN
                                   WRIT PETITION (L) NO. 32065 OF 2022


                    Nisha Pradeep Pandya alias Nisha Amit Gor &                    ...Petitioners
                    Anr
                          Versus
                    Union of India & Ors                                         ...Respondents

                                                     WITH
                                       WRIT PETITION NO. 205 OF 2023

                    Mohammed Javid Khan                                              ...Petitioner
                         Versus
                    The Union of India                                           ...Respondents


                    Dr Milind Sathe, Senior Advocate, with Vishal Kanade, i/s Sameer
SHEPHALI
SANJAY                   K Sawant, for the Petitioner in WPL/32605/2022.
MORMARE
                    Mr Avinash Gokhale, with Meenakshi Pahuja, for the Petitioner in
Digitally signed
by SHEPHALI              WP/205/2023.
SANJAY
MORMARE
Date: 2023.03.23
                    Mr Anil Singh, ASG, with Aditya Thakkar & Sandesh D Patil, i/b
11:25:37 +0530
                         Anusha Amin, for Respondent No. 1-Union of India in both
                         matters.
                    Mr Cyrus Ardeshir, with Ziyad Madon & Ooril Panchal, i/b M/s.
                         Mahimtura & Co, for Respondents Nos. 4 and 5 in
                         IAL/498/2023.



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                                                     1-2-OSWPL-32065-2022+.DOC




 Mrs Jyoti Chavan, AGP, for the Respondent-State in both matters.


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

                               DATED:    21st March 2023
 PC:-

1. Writ Petition No. 205 of 2023 filed through Mr Avinash Gokhale has not been served on the learned ASG. He states that a copy has been obtained and a draft reply is ready. It will be filed by Thursday, 23rd March 2023.

2. Both Petitions contain, though on slightly different grounds, a challenge to the vires of the Juvenile Justice (Care and Protection of Children) Amendment Act 2021. Both Petitions will have to be heard together. The questions raised are of law and for this reason, we do not permit rejoinders.

3. Mr Singh states that from the perspective of the union government, being an amendment to the central statute, there is some urgency. We will give it all possible priority.

4. List both Petitions for hearing on 17th April 2023 at 2.30 pm.

5. There are written submissions filed by Mahimtura & Co on behalf of Aadil Ibrahim and his wife, who have now been joined as Respondents Nos. 4 and 5 to Writ Petition (L) No. 32605 of 2022. All others have copies of these written submissions.

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6. We permit the Petitioners in both matters and the learned ASG to file by 10th April 2023 in hard and soft copy--

(a) Advance concise notes of arguments not exceeding 20 pages in a font size not less than 12 pt Times New Roman. There are to be no extracts from judgments or documents in the submissions. References may be included in footnotes.

         (b)      A chronology of dates and events.

         (c)      A properly indexed and paginated compilation of

authorities proposed to be relied on. The soft copy must in particular not only be bookmarked but the index or table of contents page must be hyperlinked to the starting page of each of the compiled judgments.

The relevant paragraphs must be shown in the index itself.

7. These are to be filed in the Registry by 10th April 2023. Soft copies may be made available to the Court Associate on a pen drive.

8. Separately, by 24th April 2023 we request the Registry to have the present records scanned and digitized. A copy of the final scanned and digitized PDF file will be made available to all advocates for convenience and free of charge.

9. In addition, we permit an Affidavit in Rejoinder in Writ Petition (L) No. 32605 of 2022.

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10. All office objections and filing defects are to be cured before the next date of hearing.

11. All parties are put to notice that the final hearing will commence on 17th April 2023 at 2.30 pm and then continue until 21st April 2023. We expect all sides to complete their arguments no later than by 21st April 2023.

12. Previous orders, if any, to continue until 21st April 2023.

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




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