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Bombay High CourtSMCP/1/2026disposed off

High Court Its Own Motion v. Ashwini Nikhil Patil

2026-04-18Hon'Ble Shri Justice Madhav J. Jamdar , Hon'Ble Shri Justice Pravin Sheshrao Patil5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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

...Petitioner

Versus

Ashwini Nikhil Patil

...Respondent

CIVIL APPELLATE JURISDICTION WITH PUBLIC INTEREST LITIGATION (STAMP) NO. 1956 OF 2026 Kolhapur District Bar Association Through President District Court Premises And Ors.

...Petitioners

Versus

The State Of Maharashtra Through Its Chief Secretary And Ors.

...Respondents

.....

Adv. Umesh Mankapure a/w Adv. Amit Sale, Adv. Vijay Patil, Adv. Hrishikesh S. Shinde i/b Adv. Abhishek Ingale and Adv. Swaroop Karade, for Petitioners in PIL(st)/1956/2026. Adv. Rajiv Chavan, Senior Advocate a/w Adv. Satyavrat Joshi, appointed by the Court as Amici Curiae, for Respondent No.1 in SMCP/1/2026.

Dr. Uday Warunjikar (through V.C.) a/w Adv. N. G. Kamble and Ms. Neha Deshpande, for Respondent No.7.

Adv. Shekhar Jagtap, for Respondent No.8 - BCI. Ms. Neha Bhide, Government Pleader a/w Ms. Tejas J. Kapre, AGP for the Respondent-State in PIL.

Ms. Priyanka Rane, APP for the State.

Mr. Yogeshkumar Gupta (S.P.), Kolhapur, present (through V.C.). Ms. Priya Patil (Dy. S.P.), Kolhapur City, present (through V.C.). Mr. Santosh Doke (Police Inspector), Shahupuri Police Station, Kolhapur, present.

.....

CORAM : MADHAV J. JAMDAR & PRAVIN S. PATIL, JJ.

DATE : 18th APRIL, 2026.

P.C. :

1.

In the earlier order, we have set out in detail the reliefs sought in the Public Interest Litigation and the circumstances in which the Suo Motu Contempt Petition was initiated.

2.

In the meanwhile, as the Registrar (Administration) of this Court has received a letter through post sent by respondent - Ashwini Nikhil Patil in Suo-Motu Contempt Petition, we had, therefore, directed the Registry to furnish a photocopy of the said letter to learned APP and also directed the Police Authorities to take appropriate action thereon, in accordance with law.

3.

Mrs. Ashwini Nikhil Patil, who is personally present in the Court pursuant to the notice issued in the Suo Motu Contempt Petition, submits that an Advocate be appointed to represent her. 4.

Accordingly, in the facts and circumstances of the case, we appoint Mr. Rajiv Chavan, learned Senior Counsel, along with Mr. Satyavrat Joshi, learned counsel, as amici curiae to represent Mrs. Ashwini Nikhil Patil.

5.

We request Mr. Rajiv Chavan, learned Senior Counsel, along with Mr. Satyavrat Joshi, learned counsel, to also represent Mrs. Ashwini

Nikhil Patil before the Sessions Court, Kolhapur through video conferencing.

6.

Mrs. Ashwini Nikhil Patil to give instructions to Mr. Rajiv Chavan, Senior Counsel along with Mr. Satyavrat Joshi, learned Counsel, who have been appointed as amici curiae to represent her. 7.

This Court appointed a Committee of Advocates practicing in the District Court, Kolhapur, to suggest various measures for enhancing the Security at District Court Complex, Kolhapur. As already noted in the earlier order, very valuable suggestions have been made by the said Committee.

8.

By the order dated 26th March 2026, we directed that a joint meeting of the Collector of Kolhapur, the Superintendent of Police Kolhapur, the Superintending Executive Engineer, PWD Kolhapur, 3 representatives of the Kolhapur District Advocates' Bar Association and Registrar, District Court Kolhapur be convened by the Superintendent of Police, Kolhapur to take further necessary steps for strengthening the Security arrangement at Kolhapur District Court Complex. 9.

Learned APP for the State has tendered minutes of said meeting held on 8th April 2026.

10.

The said minutes of meeting dated 8th April 2026 is taken on record and marked 'X' for identification.

11.

The Superintendent of Police who is present before this Court through video Conferencing and learned counsel appearing for the petitioners in Public Interest Litigation states that positive steps are being taken for upgrading the security at District Court Complex, Kolhapur.

12.

Dr. Warunjikar, learned counsel appearing for the respondent No.7 - Bar Council of Maharashtra and Goa, tenders a copy of the affidavit dated 25th January 2025 of Mr. Sangram Desai, the then Chairman of the Bar Council of Maharashtra and Goa and also relies upon the order dated 26th November 2024 passed by Division Bench of this Court (Aurangabad Bench) in Criminal Suo-Motu Public Interest Litigation No.1 of 2024. Learned AGP for the Respondent-State, invites attention to the Government Resolution dated 3rd December, 2025 and submits that the same has been issued pursuant to the orders passed in the aforesaid Suo Motu Public Interest Litigation. 13.

All concerned shall take note of the suggestions contained in the affidavit of Mr. Sangram Dattatraya Desai, the then Chairman of Bar Council of Maharashtra and Goa, the order dated 26th November, 2024, and the decisions incorporated in the Government Resolution dated 3rd December, 2025, and consider the same while upgrading security at the District Court Complex, Kolhapur.

14.

Mr. Umesh Mankapure, learned counsel appearing for the

petitioners in Public Interest Litigation (ST) No.1956 of 2026 also points out another incident which has taken place at Laxmipuri Police Stations, Kolhapur, in which, it is the contention of the petitioner that on 14th April 2026, Advocate Mr. Tausif Shaikh and his friend Mr. Matin Sayyed have been assaulted by certain police officials. The Superintendent of Police, who is present in the Court (through video conferencing) states that appropriate action will be taken in that regard. 15.

Insofar as the issue of the Advocates Protection Bill is concerned, the State of Maharashtra has filed an affidavit dated 16th April, 2026 of the Deputy Secretary, Law and Judiciary Department, Mantralaya, Mumbai.

16.

We request Mr. Rajiv Chavan, learned Senior Counsel along with Mr. Satyavrat Joshi, learned Counsel to assist this Court on the said issue.

17.

Stand over to 27th April 2026 at 2:30 p.m..

[ PRAVIN S. PATIL, J.] [MADHAV J. JAMDAR, J.]