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This is an archive article published on August 3, 1999

In the High Court

China Garden application rejectedThe division bench of Justice M B Ghodeswar and Justice B N Srikrishna today rejected a fresh applicatio...

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China Garden application rejected

The division bench of Justice M B Ghodeswar and Justice B N Srikrishna today rejected a fresh application filed by China Garden restaurant that sought to place some more facts on the case before the bench. The arguments on the China Garden case had been over last week, and though the judgement is pending, the petitioners moved the bench to place a fresh affidavit.

Bhosle was transferred to Nagpur on May 7, 1999 after which he moved the MAT claiming that he would not be able to move to Nagpur, because his wife was an employee with the BEST and he had a daughter who was studying in school. The reasons, put forward by the state counsel before MAT was that Bhonsle was transferred for “administrative purposes, as well as in public interest”. Chairman of MAT, S D Pandit had then enquired about the `public interest’, to which the state advocate claimed that the officer had links with the underworld.

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The affidavit filed by T S Bhal, Assistant IG (Administration),Director General of Police, had however not mentioned any such allegations. The chairman then asked for the files and perused them. Bhonsle had claimed that he was not being heard by the senior officials. In his order of May 14, Pandit gave the state six weeks to consider the representation of Bhonsle and try to accommodate him in the nearby areas of Pune, Nashik or Raigad.

However, in July, the state moved MAT again asking for more time to find a suitable place for him in the other areas. To this, the MAT chairman in his order dated July 5, 1999 extended the time by one month but directed that the state will have to pay him his salary for the period as if he was on regular duty.

The state then approached the high court against these two orders. Both the orders were stayed by the bench of Justice Sawant and Justice Kochar.

CJ pays his respects to Tilak

Chief Justice Y K Sabharwal today led members of the Bar Council of Maharashtra and Goa in paying their respects to Lokmanya Bal GangadharTilak, on the occasion of his death anniversary on Sunday, August 1.

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Accordingly, a portrait of Tilak was garlanded in the Central Hall of the Bombay High Court by the Chief Justice, in the presence of the other judges and members of the bar. This is the same hall where in the historic case of 1908 Tilak was charged and convicted by the Britishers for committing treason through his fiery edits in his newspaper, Kesri. He was then sentenced to eight years imprisonment in the Mandalay prison of Burma.

An unfazed Tilak, the first leader to raise nationalistic fervour among the masses, had then stated that he maintained his innocence despite the verdict of the jury. “Perhaps it is the will of providence that the cause of the nation prospers more by me suffering than by me staying free,” were his historic words, which today are engraved in a marble plaque outside the hall. A few flowers were put at the plaque as well.

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