Years
Damania’s petition was listed before the bench of Justice Shivkumar Digig, where advocate Girish Kulkarni, who was representing former Principal Secretary of Maharashtra in the case, expressed concern about whether Damania, who is neither a complainant nor a witness, has the right to challenge the acquittal. Kulkarni argued that in such cases only the state has the right to go to the High Court.
The Bombay High Court postponed the hearing on the petition of Anjali Damania, who challenged NCP minister Chhagan Bhujbal and others in the Maharashtra Sadan scam, till 28 April. This decision came when the court was considering who has the legal right to challenge the acquittal. Damania’s petition was listed before the bench of Justice Shivkumar Digig, where advocate Girish Kulkarni, who was representing former Principal Secretary of Maharashtra in the case, expressed concern about whether Damania, who is neither a complainant nor a witness, has the right to challenge the acquittal. Kulkarni argued that in such cases only the state has the right to go to the High Court.
He further stated that the Chief Justice of the Bombay High Court had earlier handed over the matter to the bench of Justice SM Modak, which was earlier to determine whether Damania had a legal right to challenge the order. However, since Justice Modak is currently sitting in the bench with Justice Sarang Kotwal. Hence his single bench was not available, which led to postponement. Advocate Rizwan Merchant, who represented Damania, urged the court to direct the High Court Registry to clarify which bench will hear the petition.
However, Justice Digy deferred the decision in view of this that public prosecutors were absent in Wednesday’s hearing and the case will be heard again on 28 April. Apart from Damania, Shiv Sena MLA Suhas Kande has also approached the court in connection with the case. Damania originally filed her petition in 2021, but five different benches of the Bombay High Court refused to hear it, citing not me. After a delay of two years, he approached the Supreme Court, which directed him to seek assignments for a new bench from the Chief Justice to hear his petition.
Other news