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Nagpur Bench of Bombay High Court punishes city lawyer for criminal contempt of court

In a case at Nagpur Bench of Bombay High Court, Justice Varale and Justice Haq sentenced a lawyer to two months of imprisonment and Rs 2,000 fine.
Nagpur Bench of Bombay High Court. (Picture Source: Wikimapia)

In the Suo Moto (court on its own motion) Vs Satish Mahadeorao Uke case, at the Nagpur Bench of Bombay High Court, Justice PB Varale and Justice ZA Haq, on March 1, 2016 sentenced the respondent Uke to two months of simple imprisonment with a fine of Rs 2,000. The court further stated that if Uke fails to pay the fine, he will be kept behind the bars for an additional 15 days.

Nation Next some days back told you about the first ever on camera open court session held at the Nagpur Bench of Bombay High Court. The bench headed by Justice Varale and Justice Haq in a decision on February 23, 2017 had issued a non-bailable warrant against Uke to secure his presence before the Court on February 27, 2017 at 10.30 am and stated that if Uke fails to remain present before the Court it will pass orders forfeiting the amount of security deposited by him with the Registry of the Court and will proceed with hearing of the Suo Motu Contempt petition No. 7/2016. In spite of the non-bailable warrant issued against him, Uke failed to appear in the court on February 27 and on a further hearing on February 28.

Advocate CJ Joveson, who had filed a vakalatnama on behalf of respondent Satish Uke earlier on February 22, 2017, on February 28, submitted that he is not authorized to argue the contempt petition on basis of merits and should assist Advocate Bijoy Krishna Adhikari. Both Justice Varale and Justice Haq rejected the Criminal Application No 12 of 2017, through which Uke sought leave to permit Advocate Bijoy Krishna Adhikari to further continue and argue the matter on his behalf without signing and filing of vakalatnama. Thereafter, Justice Varale and Justice Haq took a mutual decision of adjourning the matter to enable the contemnor (Uke) to make submissions on the point of punishment/sentence. Both the judges called upon Additional Public Prosecutor KS Joshi to assist them to examine the matter.

The bench noted that while delivering the judgment in Civil Revision Application No. 26/2016 on 6th of June, 2016, the learned single Judge Justice RK Deshpande found that There is a definite, deliberate, motivated and calculated attempt on the part of the present respondent ? Satish Mahadeorao Uke, which is discernible to bring down the image of judiciary in the estimation of the public or to impair the administration of justice or tend to bring the administration of justice into disrepute. The learned Single Judge recorded that there is definite act of browbeating the Court and if such attempt remains unsuccessful, to raise a false and concocted plea of recusal by the Judge hearing the matter. Furthermore, Justice RK Deshpande framed draft charges against the respondent.

On basis of the charges and the previous conduct of the respondent, Advocate KS Joshi, submitted that the acts of the respondent ? Satish Mahadeorao Uke as culled out in the judgment given in Civil Revision Application No. 26 of 2016 and the draft charges framed by the learned single Judge amounts to criminal contempt of Court.

As per the judgment passed by Justice Varale and Justice Haq on February 28, 2017, Satish Uke was held guilty of committing a criminal contempt of court. The court noted that after many opportunities from the court, Uke still remained absent during the proceedings and did not file any application explaining his absence, seeking exemption from personal appearance or adjournment.

In addition to the two months simple imprisonment and Rs 2,000 fine, the honorable judges fortified Rs 1, 00,000 apart from Rs 51,000 (which was forfeited for video recording) out of Rs 2, 00,000, which was deposited by Uke with the Registry of the court. The court also directed to forfeit the remaining amount as Uke continuously failed to appear during the hearings, on February 23, 27 and 28th.

The memory chips of video recordings were directed to be kept in a sealed cover signed by the Registrar and it was clarified well that the chips of video recording or the copies in any form shall not be given to anybody without prior permission of the Court. The sealed envelope should be kept in custody of Registrar (Administration) of this Court.

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Nagpur Next

1st COVID-19 case in Ramdaspeth crops up near Cabinet Minister Vijay Wadettiwars residence

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Radhika Dhawad | Nagpur
Vijay Wadettiwar

For the first time, a resident of Ramdaspeth tested positive for Coronavirus on Saturday. The patient, who is said to be residing in an apartment near Cabinet Minister for Relief and Rehabilitation in the Maha Vikas Aghadi and senior Congress leader Vijay Wadettiwars residence (behind Tuli Imperial), is said to be a middle-aged woman. 

The patient is reportedly connected to a resident from Mominpura. However, nothing concrete as of now can be said about the same. More details are awaited.

Also read: Nagpur: 91 test positive in 24 hours making COVID-19 tally rise to 1266

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Nagpur Next

Nagpur: 91 test positive in 24 hours making COVID-19 tally rise to 1266

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Radhika Dhawad | Nagpur

Nagpur COVID-19 tally as on June 20 rose to 1266 after 91 people tested positive for the virus in past 24 hours. Out of the total 91, while 69 patients belonged to Naik Talao/Bangladesh, 11 from Shantinagar, four from Lashkaribagh, three from Ganeshpeth, one from Uppalwadi, one from Ramdaspeth, one from Mehendibagh and one belonged to Mominpura.

Out of the total, 823 have been cured and over 333 are currently being treated upon.

Also read: NMC Chief Tukaram Mundhe storms out of meeting after Corporator calls him blot on Saint Tukaram

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Nagpur man discovers 4-month-old foetus in gutter; cops suspect illegal abortion

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Nation Next Newsroom | Nagpur

In yet another shocking incident, a resident named Rahul Tumane discovered a 4-month-old foetus lying in an abandoned condition behind his house (near plot number 13, behind Kajal Bar and Restaurant area) in Pardi inside a gutter. 

Police inspector Sunil Chavan told Nation Next that a four-month-old foetus, wrapped in a cloth, was found lying inside a gutter near a house on Thursday night in Pardi. Chavan also informed that the foetus was sent for an autopsy to Mayo Hospital and the reports are awaited. Police have suspected the possibility of abandonment after an illegal abortion. 

A case has been registered under Section 318 (Concealment of birth by secret disposal of a dead body) of the Indian Penal Code (IPC) on the basis of a complained filed by Tumane. 

Also read: Nagpur: Zone 5 Police team seize four trucks carrying illegally mined sand

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