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 on its own motion.
...Petitioner.
Versus
Ashwin Nikhil Patil.
...Respondent.
CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION [ST.] NO. 1956 OF 2026 Kolhapur District Bar Association and Others.
...Petitioners.
Versus
The State of Maharashtra and Others.
...Respondents.
------ Dr. M. M. Sathe, Advocate General along with Ms. Neha Bhide, Government Pleader along with Ms. Tejas J. Kapre, AGP for the Respondent-State in PIL. Mr. Shishir Hire, Public Prosecutor along with Ms. Priyanka Rane, APP for the Respondent-State in CP.
Mr. Shekhar Jagtap (thr. V.C.) and Mr. Sanket Khandagale for Bar Council of India.
Mr. Anil Singh, Additional Solicitor General along with Mr. Vijay Killedar for Union of India.
Mr. N. G. Kamble i/b Dr. Uday Warunjikar for BCMG. Mr. Tejpal Ingale, Mr. Shrikrishna Ganabavale, Mr. V. R. Patil, Mr. R. B. Mandlik, Mr. Umesh Mankapure i/b Mr. Swaroop M. Karade for the Petitioner in PIL. Mr. Rajiv Chavan, Senior Advocate along with Mr. Satyavrat Joshi Amicus Curiae for the Respondent in Suo Motu CP.
------ Coram : Madhav J. Jamdar & Pravin S. Patil, JJ.
Date : May 6, 2026.
P. C. :
1.
The issue raised in the present PIL is very important, which concerns the assault on advocates. Notably, many States have passed legislations in view of the assaults on advocates, such as the Karnataka 1 of
Prohibition of Violence Against Advocates Act, 2023 and Telangana Advocates Protection Act, 2026. Mr. Singh, learned Additional Solicitor General states that as far as the bill initiated concerning the said issue is pending with the Law Commission and it will take considerable time. On the last occasion, Dr. Sathe, learned Advocate General appearing for the State of Maharashtra had stated that although the Government of Maharashtra has introduced the Advocates' Protection Bill in the State Assembly, and as the bill on the same subject is pending with the Central Government, the State Government has decided to defer the consideration of said bill. Since learned ASG has stated that it will take considerable time for the Central Government to enact the law, learned Advocate General as well as learned Government Pleader and Public Prosecutor to take instructions.
2.
List the PIL on 8th May 2026 at 10.00 a.m.
3.
By a detailed order dated 9th March 2026, in the facts and circumstances mentioned in the said order, we issued contempt notice to Mrs. Ashwini Nikhil Patil. Pursuant to the said order, Mrs. Ashwini Nikhil Patil has appeared in the matter.
4.
By order dated 18th April 2026, we have appointed Mr. Rajiv Chavan, learned Senior Advocate of this Court and Mr. Satyavrat Joshi, learned Advocate of this Court as amici curiae to represent the interest of Mrs. Ashwini Nikhil Patil in the matter.
2 of
5.
Today, Mr. Chavan, learned Senior Counsel appears through video conferencing mode whereas Mr. Joshi, learned Counsel is present in Court.
6.
Mr. Joshi, learned counsel tenders aidavit of Mrs. Ashwini @ Pallavi Nikhil Patil, dated 6th May 2026. In the said aidavit, Mrs. Ashwini Nikhil Patil has tendered unconditional apology. The said unconditional apology is accepted. In view of the same, suo motu contempt petition is disposed of.
7.
During the pendency of these proceedings, the Registrar (Administration) of this Court has received a letter through post sent by Mrs. Ashwini @ Pallavi Nikhil Patil. In view of the receipt of the said letter, this Court by order dated 26th March 2026, directed the police authorities to take appropriate action on the said letter in accordance with law. Thereafter police have registered FIR bearing C.R. No.214 of 2026 with Shahupuri Police Station, Kolhapur against 15 advocates for the ofence punishable under Sections 115(2), 189(2), 191(2) and 190 of Bhartiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Learned Advocates Mr. V. R. Patil and Mr. R. B. Mandlik appear for the said 15 advocates.
8.
Advocate Kajal Sanjay Shelake has iled FIR bearing C.R.No. 173 of 2026 with Shahupuri Police Station, Kolhapur for the ofence punishable 3 of
under Sections 74, 115(2), 352 and 356(1) of the Bhartiya Nyaya Sanhita, 2023 against said Mrs. Ashwini @ Pallavi Nikhil Patil. 9.
Mr. V. R. Patil and Mr. Mandlik, learned Counsel appearing for the said 15 advocates state that the incident took place at a spur of moment and due to misunderstanding. Mr. Chavan, learned Senior Counsel and Mr. Joshi, learned Counsel representing the interest of Mrs. Ashwini @ Pallavi Nikhil Patil also state that the incident has taken place at a spur of moment and due to misunderstanding. All these advocates, on instructions, state that appropriate proceedings will be iled / are already iled seeking quashing of the respective FIRs by consent. 10.
Mr. Satyavrat Joshi, learned Counsel of this Court is appinted to represent the interest of Mrs. Ashwini @ Pallavi Nikhil Patil in the proceedings to be iled for quashing of CR No. 173 of 2026 and connected matters.
11.
Ms. Priyanka Rane, learned AGP states that as far as the incident concerning Mr. Tausif Shaikh and Mr. Matin Sayyed taken place at Laxmipuri Police Station, Kolhapur, the appropriate action has already been taken.
12.
Stand over to 8th May 2026 at 10.00 a.m.
[Pravin S. Patil, J.] [Madhav J. Jamdar, J.] 4 of