Very Important Issue Raised & You Are Not Filing Reply: Bombay High Court To State In PIL Against Treatment Of Denotified Tribes As Criminals

While hearing a 2011 Public Interest Litigation (PIL) challenging the constitutional validity of the Bombay Habitual Offenders Act 1959, the Bombay High Court noted that the State government has not filed an affidavit in response to the PIL for a long period of time.“A very important issue is raised in this and you are not filing a reply. Two orders have been passed where we gave you last chance. These are not the matters where you should dilly-dally” Justice Karnik orally remarked. The PIL raised issues concerning the treatment of denotified tribes, asserting that certain tribes continue to be categorized as 'criminal tribes'. The petition raised concerns about the arrest of members of such tribes by the police authorities and challenged the validity of the Bombay Habitual Offenders Act, 1959.The petition further raised the issue of settlement plans for the tribal communities. Today, during the hearing the petitioner's counsel pointed out that the State government had mentioned in previous hearings that it would file an affidavit on this matter, but it has not been filed yet. It was stated that lands allotted to the communities are being sold to builders instead. The State counsel stated that certain documents on settlement plans were not traceable and thus sought two weeks time to file the affidavit. Chief Justice Alok Aradhe noted that the matter is pending since 2011 and remarked “You are a modern welfare state, you should be a modern litigant also...driving people to courts...” CJ Aradhe orally remarked. While granting the State two weeks time to file the affidavit, the Court said that it would pass an appropriate order if it is not filed. “It is made clear than in case affidavit is not filed on or before next date of hearing, thus court shall be constrained to pass appropriate order.” The Court also granted the Union of India two weeks time to file an affidavit.Case title: Prof. Retd. Motiraj Rathod vs. State Of Maharashtra And Ors (PIL/78/2011)

Very Important Issue Raised & You Are Not Filing Reply: Bombay High Court To State In PIL Against Treatment Of Denotified Tribes As Criminals

Sanjana Dadmi

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