Justice Nitin R. Borkar was born on August 2, 1971, in Gondia, and received his L.L.B. from Nagpur’s Dr. Babasaheb Ambedkar College of Law. On August 8, 1995, he became a member of the Maharashtra and Goa Bar Council and joined the firm of his father, Advocate Shri.R.K. Borkar.
He has practiced law before the Bombay High Court bench in Nagpur before being appointed as a District Judge on May 2, 2008. Nandurbar, Chandrapur, and Thane were all places where he worked as a Principal District and Sessions Judge. On the 5th of December, 2019, he was appointed as an Additional Judge of the Bombay High Court, and on the 1st of June, 2021, he was confirmed as a Permanent Judge.[1]
SIGNIFICANT CASES
- Accused granted interim bail for treatment of cancer
An accused person has been granted interim release by the Bombay High Court so that he can receive cancer treatment in a for-profit, super-specialty facility. On Friday, a vacation bench of Justices Anil Menon and Nitin Borkar issued the ruling in response to a request for temporary release on medical grounds made by Gurjit Singh Anand. Since October 2021, Singh has been detained at the Taloja prison. After the Directorate of Revenue Intelligence seized a shipment of heroin smuggled by a third party, he was arrested under the NDPS. Singh denied being involved.
The judges noted a report from JJ Hospital dated May 10 that stated Singh has “primary right renal cell carcinoma with lung and brain metastases” and will need additional management from an oncology super-speciality because JJ is unable to handle him. He received treatment at Tata Hospital, and doctors there recommended a continuous five-day radiotherapy cycle, excluding weekends. Singh, however, stated that he prefers to receive care at the Khubchandani Cancer Centre.
- Minor cannot risk life giving liver to dad
The adolescent had petitioned and stated that her father had been told he needed a liver transplant due to decompensated hepatic cirrhosis. Her plea had already been turned down by the hospital committee and, on May 11, by the state authorization committee, which is the proper body under the Transplantation of Human Organs Act of 1994 and is presided over by the director of DMER. She revised her petition in order to contest the state committee’s ruling. The justices were initially reluctant to give relief despite the fact that her attorney, Tapan Thatte, tried to make the case that a liver may regenerate.
You can’t put her in risk, Justice Menon said, referring to the DMER report’s assertion that the father suffers from chronic alcoholism. Her father created his own trouble. The judges declared that they will bring up the situation when the court reopened in June.
- Right to Firearms
The Bombay High Court noted on Tuesday that India’s right to own firearms is a regulated one during a hearing on a plea to make owning legal firearms for self-defence a fundamental freedom. Amritpal Singh Khalsa, an attorney, filed a petition to have a court rule that “under Article 21 of the Constitution, the right to keep and bear arms for self-defence is an integral part of the right to life,” referencing the US in his request. Justices Prasanna Varale and Nitin Borkar heard the petition. According to Khalsa’s plea, there is a danger that some of his clients could hurt him because he handles delicate topics. On January 6, 2020, Khalsa submitted an application for a firearm to the Thane police commissioner, who serves as the licensing body. However, his application remained unanswered for “total 407 days.” The judges took note of a letter from DCP (HQ1), Thane, stating that Singh’s application was submitted using an outdated format and that the epidemic was to blame for the delay. In order to dispose of the petition, the judges gave Khalsa instructions to submit his application in the new format, and the CP would make a decision on it “as soon as feasible and no later than 6 weeks.”
[1] Pandey, N., Arya, A., & Agrawal, N. K. (2013). IJCSBI. ORG.
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