Mumbai courts 2023: Naresh Goyal goes to jail, Sooraj Pancholi acquitted, bail for Elgar accused

Jet Airways founder Naresh Goyal being sent in judicial custody in a loan fraud case, two accused in the 2018 Elgar Parishad-Maoists links case getting bail, and actor Sooraj Pancholi’s acquittal in the Jiah Khan suicide case were among the highlights of the court news from Mumbai in 2023.

On January 2, the Bombay High Court refused to discharge Lt Col Prasad Purohit in the September 2008 Malegaon blast case, noting that he was not performing his official duty — as he claimed in his defence — when he allegedly attended the blast conspiracy meetings.

The recording of evidence in the case was completed before a special NIA court later in the year. The court is now recording the statements of the seven accused, including Purohit and BJP MP Pragya Thakur.

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Also in January, the HC came down heavily on the CBI for the “casual and mechanical” arrest of former ICICI Bank CEO Chanda Kochhar and her husband Deepak Kochhar in a loan fraud case, and granted the couple bail.

In February, the high court dismissed a plea filed by Godrej & Boyce against land acquisition for the Mumbai-Ahmedabad bullet train, noting that it was a project of national importance which serves public interest.

On February 21, the HC dismissed a public interest litigation seeking action against Union minister Kiren Rijiju and Vice President of India Jagdeep Dhankhar for remarks against the judiciary. Statements of individuals can not erode the Supreme Court’s credibility, the HC observed.

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In the same month, the HC directed actor Nawazuddin Siddiqui and his estranged wife to resolve their dispute pertaining to their two minor children amicably. Siddiqui had sought a direction to his wife to disclose the children’s whereabouts; the couple later informed the HC that they had sorted out the issue.

From March 1, Marathi translations of judgements became available on the HC website.

On March 30, the high court quashed a 2019 complaint lodged against actor Salman Khan by a journalist alleging misbehavior.

On April 28, a special CBI court acquitted Bollywood actor Sooraj Pancholi in a case where he was accused of abetting the suicide of Jiah Khan. Jiah (25), an actor and US citizen, was found dead at her home in Mumbai on June 3, 2013.

In June, the high court directed two persons and their organisations to delete content on social media against vaccine manufacturing firm Serum Institute of India (SII), noting that it was prima facie defamatory.

In the same month, three petitions were filed against amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules which included a provision for a fact-checking unit to flag false or misleading online content related to the government. The HC has reserved its judgment after hearing the arguments.

In July, the high court refused to grant bail to former Maharashtra minister Nawab Malik, arrested in an alleged money laundering case, on medical grounds. Subsequently, Malik got bail from the Supreme Court and walked out of jail after one and half years.

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In August, Justice Rohit Deo announced his resignation in an open court at the high court’s Nagpur bench. He did not specify the reasons but said he could not work against his self-respect.

In September, the high court granted bail to activist Mahesh Raut in the Elgar Parishad-Maoist links case, noting that the evidence against him was hearsay and the National Investigation Agency could not produce any corroborating material. Later in December, the high court granted bail to activist Gautam Navlakha in the same case, noting there was no material to infer prima facie that he had conspired to or committed any terrorist act.

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On September 2, a special Prevention of Money Laundering Act court remanded Jet Airways founder Naresh Goyal in judicial custody in a money laundering case linked to an alleged loan fraud of Rs 538 crore at Canara Bank. A charge sheet was filed against him subsequently. In November, the HC dismissed a petition filed by Goyal challenging his arrest, while his bail plea is pending before the special court.

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On October 30, a magistrate’s court dismissed a complaint filed by a BJP worker against West Bengal Chief Minister Mamata Banerjee for allegedly disrespecting the national anthem at an event in Mumbai in 2021, holding that “no offence is made out”.

In October, a sessions court convicted artist Chintan Upadhyay for conspiring to kill his estranged wife — also an artist — Hema Upadhyay and her lawyer.

On December 16, the Dindoshi sessions court rejected bail plea of dismissed RPF constable Chetansinh Chaudhary held for allegedly shooting dead his senior colleague and three passengers in a moving train. The court held that the accused was in “well settled position and mind” to commit murder of people belonging to a “specific community”.

Towards the end of the year, the Bombay high court took up suo motu (on its own) cognizance of two issues increasing number of deaths at state-run hospitals and the deteriorating air quality index (AQI) in Mumbai. The HC in both matters passed a slew of directions to the Maharashtra government.

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