Abhay Thipsay

Last updated

Justice Abhay Mahadeo Thipsay (born 10 March 1955, in Bombay) is a retired judge of the Bombay High Court and the Allahabad High Court. [1] [2] He started his career as an advocate in 1979 and was appointed as Metropolitan Magistrate in the Judicial Service of the State of Maharashtra in 1987. From 2011 to 2016, he was a Judge at the High Court of Bombay where he handled civil suits and criminal trials, several of which were complex, lengthy and sensitive. [1]

Contents

Justice Thipsay presided over several high-profile cases that garnered significant media attention, including the trial of Tantrik Chandra Swamy in 1994-95, [1] the conviction of Anna Hazare in 1999, [1] the Best Bakery case and the Sohrabuddin encounter case. [1]

He is an internationally rated chess player. [1] His brother Praveen Thipsay is also a well-known chess player. [3]

Professional career

Thipsay began enrolled as an advocate on November 5, 1979, with the Bar Council of Maharashtra and Goa. He practiced in various civil and criminal courts in Mumbai before being appointed as Metropolitan Magistrate in the Judicial Service of Maharashtra on August 26, 1987. He was promoted to Additional Chief Metropolitan Magistrate, Mumbai, and Additional Chief Judge, Small Causes Court, Mumbai on September 1, 1994. [1] [4]

On March 25, 1997, Thipsay became a Judge of the Bombay City Civil and Sessions Court. He oversaw a wide range of civil suits and criminal trials, including serving as a Judge of the Special Court under the Maharashtra Control of Organised Crime Act (MCOCA). Some of his most widely known cases include:

In December 2007, Thipsay was appointed Principal District and Sessions Judge in Jalgaon. He was later elevated to the Bombay High Court as an Additional Judge on March 17, 2011. His tenure at the Bombay High Court included the following notable rulings -

Justice Thipsay was transferred to the Allahabad High Court on May 2, 2016, where he served until his retirement on March 9, 2017. [10] [11]

Political career

In June 2018, Justice Abhay Thipsay retired from his judicial duties and subsequently joined the Indian National Congress, motivated by his concerns over increasing communalism and aggressive nationalism in India. His induction into the party was formally acknowledged by the then-Congress president Rahul Gandhi at a public event. [12]

After Thipsay joined the Congress, the Supreme Court removed him from a panel aimed at resolving disputes between the Maharashtra government and the State Co-operative Bank. This action was taken because his political affiliation could lead to a conflict of interest. [13]

Controversies

Testimony for Nirav Modi

In May 2020, during a hearing at Westminster Magistrates' Court in London, Justice Thipsay was consulted via video link from India by the defense team of Nirav Modi, who was challenging his extradition to India. [14] Thipsay testified that the charges brought by the CBI against Nirav Modi, which included criminal conspiracy, cheating and dishonestly inducting delivery of property, would not hold up under Indian law. [15]

The Bharatiya Janata Party accused Thipsay of acting on behalf of the Congress to protect Nirav Modi. [16] However, Thipsay refuted these claims, stating that his participation was purely professional and as a legal expert, not to defend Modi. [17]

Related Research Articles

<span class="mw-page-title-main">Bombay High Court</span> High court of Maharashtra and Goa states

The High Court of Bombay is the high court of the states of Maharashtra and Goa in India, and the union territory of Dadra and Nagar Haveli and Daman and Diu. It is seated primarily at Mumbai, and is one of the oldest high courts in India. The High Court has circuit benches at Nagpur and Aurangabad in Maharashtra and Porvorim,

<span class="mw-page-title-main">Anna Hazare</span> Indian activist (born 1937)

Kisan Baburao "Anna" Hazare is an Indian social activist who led movements to promote rural development, increase government transparency, and investigate and punish corruption in public life. In addition to organising and encouraging grassroots movements, Hazare frequently conducted hunger strikes to further his causes—a tactic reminiscent, to many, of the work of Mahatma Gandhi. Hazare also contributed to the development and structuring of Ralegan Siddhi, a village in Parner taluka of Ahmednagar district, Maharashtra, India. He was awarded the Padma Bhushan—the third-highest civilian award—by the Government of India in 1992 for his efforts in establishing this village as a model for others.

The Sohrabuddin Sheikh encounter case is a criminal case in the Gujarat state after the death of Sohrabuddin Anwarhussain Sheikh on November 26, 2005. A special CBI court acquitted all the 22 accused in the case in the alleged encounter killing of Sohrabuddin Sheikh and his wife.

Harish Salve KC is an Indian senior advocate who practices at the Supreme Court of India. He served as the Solicitor General of India from 1 November 1999 to 3 November 2002. He also fought the case of Kulbhushan Jadhav at the International Court of Justice (ICJ). On 16 January 2020 he was appointed as a King's Counsel for the courts of England and Wales.

<span class="mw-page-title-main">Unlawful Activities (Prevention) Act</span> Indian law to prevent unlawful activities

The Unlawful Activities (Prevention) Act is an Indian law aimed at the prevention of unlawful activities associations in India. Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India. The most recent amendment of the law, the Unlawful Activities (Prevention) Amendment Act, 2019 has made it possible for the Union Government to designate individuals as terrorists without following any formal judicial process. UAPA is also known as the "Anti-terror law".

<span class="mw-page-title-main">Kailas Nath Wanchoo</span> 10th Chief Justice of India

Kailas Nath Wanchoo was the tenth Chief Justice of India.

<span class="mw-page-title-main">Enforcement Directorate</span> Law enforcement agency and economic intelligence agency of India

The Enforcement Directorate (ED) is a law enforcement and economic intelligence agency of the Government of India. Established on May 1, 1956, it is responsible for enforcing economic laws and combating financial crimes. The ED operates under the Department of Revenue, Ministry of Finance, with its headquarters in New Delhi.

<span class="mw-page-title-main">Altamas Kabir</span> 39th Chief Justice of India

Altamas Kabir was an Indian lawyer and judge who served as the 39th Chief Justice of India.

The National Herald case is the ongoing case in a Delhi court filed by Indian economist and politician Subramanian Swamy against politicians Sonia Gandhi and Rahul Gandhi, their companies and associated persons. As per the complaint filed in the court of the Metropolitan Magistrate, Associated Journals Limited (AJL) took an interest-free loan of ₹90.25 crore (US$11 million) from Indian National Congress. It is alleged that the loan was not repaid. A closely held company, Young Indian, was incorporated in November 2010 with a paid up capital of 5 Lac and it acquired almost all the shareholding of AJL and all its properties. Swamy alleged criminal misappropriation by both Sonia Gandhi and Rahul Gandhi.

M. L. Tahaliyani is the Lokayukta of Maharashtra and is a retired Judge of the Bombay High Court. Justice Tahaliyani presided over high-profile cases including the 2008 Mumbai attacks and the Adarsh Housing Society scam.

<span class="mw-page-title-main">Nirav Modi</span> Indian diamond dealer and Man accused in the PNB bank scam

Nirav Deepak Modi is an Indian-born Belgian businessman and criminal who was charged by Interpol and the Government of India for criminal conspiracy, criminal breach of trust, cheating and dishonesty including delivery of property, corruption, money laundering, fraud, embezzlement and breach of contract in August 2018. Modi is being investigated as a part of the $2 billion fraud case of Punjab National Bank (PNB). In March 2018, Modi applied for bankruptcy protection in Manhattan, New York. In June 2018, Modi was reported to be in the UK applying for political asylum. In June 2019, Swiss authorities froze a total of US$6 million present in Nirav Modi's Swiss bank accounts along with the assets.

The 2018 battle of Bhima Koregaon refers to violence during an annual celebratory gathering on 1 January 2018 at Bhima Koregaon to mark the 200th anniversary of the Battle of Bhima Koregaon. The violence and stone pelting by a crowd at the gathering resulted in the death of a 28-year old youth and injuries to five others. The annual celebration, also called Elgar Parishad convention, was organised by retired justices B. G. Kolse Patil and P. B. Sawant. Justice Sawant stated that the term "Elgar" meant loud invitation or loud declaration.

The Punjab National Bank Fraud Case relates to fraudulent letter of undertaking worth ₹12,000 crore issued by the Punjab National Bank at its Brady House branch in Fort, Mumbai; making Punjab National Bank liable for the amount. The fraud was allegedly organized by jeweller and designer Nirav Modi. Nirav, his wife Ami Modi, brother Nishal Modi and uncle Mehul Choksi, all partners of the firms, M/s Diamond R US, M/s Solar Exports and M/s Stellar Diamonds; along with PNB officials and employees, and directors of Nirav Modi and Mehul Choksi's firms have all been named in a charge sheet by the CBI. Nirav Modi and his family absconded in early 2018, days before the news of the scam broke in India.

Mehul Chinubhai Choksi is an Indian-born businessman living in Antigua and Barbuda, who is wanted by the Indian judicial authorities for criminal conspiracy, criminal breach of trust, cheating and dishonesty including delivery of property, corruption and money laundering. In an interview, Choksi claimed that he is innocent and all allegations against him are false, baseless and motivated by political expediency. Choksi has held Antiguan citizenship since 2017. He is the owner of Gitanjali Group, a retail jewellery company with 4,000 stores in India. An arrest warrant for Choksi has been issued in connection with the alleged Punjab National Bank fraud case. He was allegedly involved in stock market manipulation in 2013. In late May 2021, he went missing from Antigua and Barbuda. Choksi claims that he was kidnapped from Antigua by agents of the Indian state, while others stated that he fled the country. After being found and arrested in Dominica under charges of illegal entry he was then returned to Antigua and Barbuda on interim bail for medical treatment. In May 2022 the charge of illegal entry was dropped by the Dominican Government. Investigations into his disappearance are ongoing.

Pragya Singh Thakur, better known as SadhviPragya, is an Indian politician and former Member of Parliament who represented Bhopal and belongs to the Bharatiya Janata Party. During her college days, she was an active member of Akhil Bharatiya Vidyarthi Parishad (ABVP) and later joined various affiliate organisations of the Rashtriya Swayamsevak Sangh (RSS).

Revati Mohite Dere is a judge in the Bombay High Court, India. She has written a number of significant judgments in relation to criminal procedure and police investigations in India, including cases concerning press freedom to report on criminal trials, death penalty sentences for repeated offences, and accountability within the police for false and improper investigations.

Sadhana Sanjay Jadhav is a former judge of the Bombay High Court, in Maharashtra, India. Jadhav has been the judge in a number of notable cases concerning criminal offences, including the death of Sheena Bora, the Adarsh Housing Society scam, the trial of Bollywood actor Sanjay Dutt in relation to the 1993 Bombay bombings, the case concerning the suicide of medical resident Payal Tadvi, and the case concerning the murder of writer Govind Pansare. Jadhav is also responsible for several legally significant interpretations of criminal law and procedure, concerning the right to appeal, and regarding penalties under the Scheduled Caste and Scheduled Tribe Act 1989.

Anuja Prabhudessai is a judge of the Bombay High Court, in Maharashtra, India. She is the first woman from Goa to be a High Court judge in India.

<span class="mw-page-title-main">Stan Swamy</span> Indian Roman Catholic priest and tribal rights activist (1937–2021)

Stanislaus Lourduswamy, SJ, popularly known as Stan Swamy, was an Indian Catholic priest, a member of the Jesuit order, and a tribal rights activist for several decades. Swamy was the oldest person to be accused of terrorism in India.

Mridula Bhatkar is a former judge of the Bombay High Court, in Maharashtra, India, serving on the court between 2009 and 2019. She adjudicated in several notable cases during her tenure as a judge, including the Jalgaon rape case, the 2006 Mumbai train bombings, and the conviction of Gujarat police officers and doctors in the 2002 gangrape of Bilkis Bano.

References

  1. 1 2 3 4 5 6 7 8 9 10 Profile at the Bombay High Court Website
  2. ↑ "'Sensitivity must to defend human rights'". The Times of India . 26 February 2012. Archived from the original on 4 October 2013. Retrieved 1 October 2013.
  3. ↑ Varghese, Gigil (28 February 2006). "Meeting Challenge – Best was a tough case, concedes judge". The Hindustan Times. Archived from the original on 23 September 2015. Retrieved 15 May 2015.
  4. 1 2 3 4 "The Special Court". The Special Court, Bombay. Retrieved 24 June 2024.
  5. ↑ "Court doubts authenticity of judge's phone tap". 6 August 2002. Retrieved 24 June 2024.
  6. ↑ "MCOCA was violated in dismissed judge's case". 5 September 2002. Retrieved 24 June 2024.
  7. ↑ "Meet Justice Abhay Mahadeo Thipsay, the judge who granted Salman Khan a bail". Economic Times. 9 May 2015. Retrieved 24 June 2024.
  8. ↑ "Salman appeal: Legal eagles laud 'fair and balanced' Bombay high court judge". The Times of India. 9 May 2015. Retrieved 24 June 2024.
  9. ↑ "Justice Abhay Thipsay: A Daring Judge Un-afraid of Agencies". Urdu Media Monitor. 19 April 2017. Retrieved 24 June 2024.
  10. ↑ "High Court of Judicature at Allahabad". allahabadhighcourt.in. Retrieved 24 June 2024.
  11. ↑ "Transfer of HC Judges Despite Lack of Consent Raises Questions Over Fairness of Collegium". The Wire. 25 April 2016. Retrieved 24 June 2024.
  12. ↑ "Former Bombay HC judge Abhay Thipsay decides to join Congress". The Time of India. 13 June 2018. Retrieved 8 May 2024.
  13. ↑ "Ex-Judge Joins Congress, Supreme Court Removes Him from Panel to Settle Maharashtra Disputes". 15 July 2018.
  14. ↑ Aditi Khanna (13 May 2020). "Indian govt submits more proof against Nirav Modi in money laundering case". outlookindia.com. Outlook . Retrieved 15 May 2020.
  15. ↑ Poonam Joshi (13 May 2020). "Nirav Modi a visionary who wanted to create something unique: World-renowned luxury good executive tells London court". aninews.in. Asian News International.
    —Naomi Canton (14 May 2020). "CBI's Nirav Modi case won't hold in India, ex-judge tells UK". timesofindia.indiatimes.com. London: Times of India . Retrieved 15 May 2020.
  16. ↑ "Former HC judge working at Congress' behest to save Nirav Modi: Ravi Shankar Prasad". indianexpress.com. The Indian Express. 14 May 2020. Retrieved 15 May 2020.
  17. ↑ "Didn't defend Nirav Modi, appeared in UK court as an expert, says ex-HC judge Thipsay" . Retrieved 20 July 2023.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.