Mumbai: Why Chief Justice Dont Want to Hear Coaching Class Fire PIL?

Mumbai : The Bombay High Court Chief Justice Bench is not ready to hear students Fire safety matter studying at various coaching classes inspite of matter reaching on board. Why court is not concern about public safety inspite of fire at surat coaching class ? There are more than 15000 coaching classes at Mumbai. Mostly are located at Illegal structure without complying fire norms. Earlier  petitioner filed PIL in 2018 about Coaching class Fire NOC issue at Bombay High Court. The Justice Gavai bench issued notices to respondents in 2018.  When the matter reached for action before newly appointed chief justice Pradeep Nandrajog, then he said that there is no law where coaching class fire NOC is mandatory. Petitioner shows him the provisions for fire safety for Educational Institute as per schedule 1 of Maharashtra Fire Prevention and life safety Measures act 2006 but he did not acknowledge that. He dismissed the PIL on his personal view violating supreme court order.

There is supreme court ruling that Judge Cannot argue on Rule of Law

We cannot help but disapprove the approach of the High Court for reasons already noticed in Dwarikesh Sugar Industries Ltd. vs. Prem Heavy Engineering Works (P) Ltd. and Another, 1997 (6) SCC 450, observing :-

“32. When a position, in law, is well settled as a result of judicial pronouncement of this Court, it would amount to judicial impropriety to say the least, for the subordinate courts including the High Courts to ignore the settled decisions and then to pass a judicial order which is clearly contrary to the settled legal position. Such judicial adventurism cannot be permitted and we strongly deprecate the tendency of the subordinate courts in not applying the settled principles and in passing whimsical orders which necessarily has the effect of granting wrongful and unwarranted relief to one of the parties. It is time that this tendency stops.”

In the mater of Authorized Officer , State Bank of Travancore and Ors. Vs. Mathew K.C. 2018 (3) SCC 85 , where Honb’le Supreme Court ruled as under ;

“JUDICIAL ADVENTURISM BY HIGH COURT –PASSING ORDER BY IGNORING LAW SETTLED BY COURT ”

It is duty of the court to apply the correct law even if not raised by the party.

If any order against settled law is to be passed then it can be done only by a reasoned order.

Later the petitioner filed Civil application for restoration of PIL as per correctional jurisdiction before CJ bench. Matter was taken on urgent basis on 22 Aug 2019 but he did not hear this student safety Civil Application in PIL and adjourned till Jan 2020 (CJ Retiring On Feb 2020). He did not assign any reason in order. Inspite to take hearing in every 2 weeks he adjourned deliberately for 5 months. The Bombay High Court did not learnt lesson from the death of 25 students in surat Fire  incident. The Delhi High Court took the coaching class fire safety issue and issued notices to Delhi government . In other states also court are taking this issue on priority . They cannot wait for such incident in their jurisdiction. The  CJ Pradeep Nandrajog is basically from Delhi region so he may be not interested for Maharashtra Local issues. Many times it has been observed that CJ bench is hearing matters of rich community for 2-3 hrs .