High Court Its Own Motion v. Ashwini Nikhil Patil

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION SUO MOTU CONTEMPT PETITION NO.1 OF 2026 High Court Its Own Motion

...Petitioner

Versus

Ashwini Nikhil Patil

...Respondent

AND CIVIL PUBLIC INTEREST LITIGATION (STAMP) NO.1956 OF 2026 Kolhapur District Bar Association & Ors.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

------ Mr. Tejpal Ingale a/w Shrikrishna Ganbavale, V. R. Patil, appointed to assist the Court (Amicus Curiae) in Suo Motu Cri. Contempt Petition/1/2026.

Mr. Tejpal Ingale a/w Shrikrishna Ganbavale a/w Nagesh Chavan, Shailesh Chavan, Hrishikesh S. Shinde, Abhishek T. Ingale, Swaroop M. Karade & Ashirwad Kolekar, for the Petitioners in Civil PIL(Stamp)/1956/2026. Ms. Neha Bhide, Government Pleader a/w T. J. Kapre, AGP, for the Respondent-State.

Dr. Uday Warunjikar (Through Video Conferencing) a/w Neha. G. Deshpande, for Respondent No.7 - Bar Council Of Maharashtra And Goa. Mr. Shekhar Jagtap a/w Sairuchita Chowdhary, for Respondent No.8 - Bar Council of India.

------ Coram: Madhav J. Jamdar & Pravin S. Patil, JJ.

Date:

March 11, 2026.

P.C.:

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1.

Pursuant to the Order dated 9th March 2026, Mr. Yogeshkumar Gupta, Superintendent of Police, Kolhapur, is personally present in Court. He states that he has taken review of the security at the District Court Complex, Kolhapur and has taken certain steps. He submits that further necessary steps will be taken immediately. Ms. Kapre, learned AGP states that an appropriate Aidavit will be iled. 2.

As the issue involved is concerning the security at the District Court Complex, Kolhapur, we appoint a Committee of Advocates practicing in the District Court, Kolhapur. The Kolhapur District Bar Association has suggested names of the following Advocates as Committee Members:

1.

Mr. Sampatrao Pawar 2.

Mr. D. N. Pathade 3.

Mr. R. L. Chavan 4.

Mr. Abhijeet Kapse 5.

Mr. Santosh Shah 6.

Ms. Kalpana Mane 7.

Ms. Harsha Khandelwal 8.

Mr. Sarvesh Bhandigare 9.

Mr. Raju Otari 10.

Mr. Atul Jadhav 2 of

Accordingly, we appoint the above Committee to make suggestions for upgradation of the security at the District Court Complex, Kolahpur. The Committee is requested to submit Report to this Court on or before 26th March 2026. The Committee shall also invite suggestions from other members of the Kolhapur District Bar Association and incorporate relevant suggestions in the said Report. 3.

In the meanwhile, Superintendent of Police to take efective steps for strengthening the security at the District Court Complex, Kolhapur.

4.

Mr. Ingale, learned Counsel, tenders certain suggestions on behalf of Petitioner No.4 - The Advocates' Association of Western India, Kolhapur ("Association"). The suggestions suggested by the Association are set out herein below for ready reference: "Suggestions Assessment of Police Deployment:

The State may be directed to place on record the strength of police personnel deployed on the date of the incident as and against the present strength of police personnel deployed within the Court premises, so as to enable the Hon'ble Court to assess whether adequate security measures have been implemented thereafter. Preventive Measures Pending Proceedings:

The State may also be directed to outline the immediate preventive measures adopted after the incident, including increased police patrolling, security checks, and 3 of

coordination with court administration, so as to prevent recurrence of such incidents.

Rotational Deployment of Police Personnel:

Details may be sought from the concerned authorities regarding the number of police personnel presently stationed in and around the Court premises, including those deployed on a rotational basis near courtrooms, entry and exit points, corridors, and other sensitive areas, in order to ensure continuous security presence. Status of Recording Statements of Witnesses:

The State may be directed to disclose whether statements of the concerned witnesses and persons present at the time of the incident have been recorded, and if so, the stage and progress of such investigation. Establishment of a Permanent Police Chowki/Beat within the Court Premises:

The State authorities may be directed to consider the establishment of a permanent Police Chowki/Police Beat within or in close proximity to the Court premises, on the lines of the security arrangement presently existing at the Bombay High Court Principal Bench and other benches. Such a measure would ensure continuous police presence, prompt response to any untoward incident, and enhanced coordination between the Court administration and the police authorities, thereby strengthening the overall security framework of the Court premises.

Installation and Monitoring of Surveillance Systems: The concerned authorities may be directed to indicate whether CCTV cameras are installed and operational within the Court premises, including entry gates, corridors, and court halls, and whether the relevant footage of the date of the incident has been preserved and secured.

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Identiication of Security Lapses:

The State may be required to place on record any internal inquiry or preliminary report identifying lapses in security arrangements, if any, and the corrective measures proposed or implemented."

5.

The Superintendent of Police to take into consideration above suggestions/aspects while strengthening the security at the District Court Complex, Kolhapur.

6.

Mr. Ganbavale, learned Counsel, points out the amended prayer clauses in the Public Interest Litigation and, more particularly, amended prayer clauses (aa), (ab) and (ac), which read as under: "aa.

That this Hon'ble Court be pleased to issue a Writ of Mandamus or any other appropriate writ, order, or direction thereby directing Respondent No. 7 -Bar Council of Maharashtra and Goa to forthwith take steps in furtherance of its functions U/s. Section 6 (d) & (e) of the Advocates Act, 1961;

ab.

That this Hon'ble Court be pleased to issue a Writ of Mandamus or any other appropriate writ, order, or direction thereby directing Respondent No. 8 -Bar Council of India to forthwith take steps in furtherance of its functions U/s. Section 7 (d) & (e) of the Advocates Act, 1961; ac.

That this Hon'ble Court be pleased to issue a Writ of Mandamus or any other appropriate writ, order, or direction thereby directing Respondent No. 7 & 8 to frame rules regarding standard security protocol norms on the lines of the security protocol norms as already in force at the hon'ble Supreme Court of India as is applicable for the advocates, litigants and visitors;"

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7.

Respondent No.7 - Bar Council Of Maharashtra and Respondent No.8 - Bar Council Of India are directed to ile Aidavits by the next date concerning various issues involved in the Public Interest Litigation including above prayer clauses.

8.

Mr. Ganbavale, learned Counsel, points out the contention raised in the Public Interest Litigation concerning the Advocates Protection Bill. Ms. Bhide, learned Government Pleader, states that the learned Advocate General will appear in the matter and that steps will also be taken regarding the same.

9.

Mr. Yogeshkumar Gupta, Superintendent of Police, Kolhapur, who is personally present in Court, states that efective steps will be taken by the next date.

10.

Ms. Bhide, learned Government Pleader, also states that appropriate steps will be taken with respect to upgradation of CCTV in the District Court Complex, Kolhapur.

11.

Stand over to 26th March 2026 at 02:30 pm.

[Pravin S. Patil, J.] [Madhav J. Jamdar, J.] 6 of