Born
on 13th February, 1948 at Solapur - comes from a family of lawyers
- his grand father, father and uncle were in the legal profession.
Later on his father became Judge of Bombay High Court and upon
retirement served as a Lokayukta.
Justice Shah did his graduation from Solapur and completed Law
Graduation from Government Law College, Mumbai, After a short
span of practice in the District Court at Solapur he shifted
to Bombay High Court in 1977 and joined the chambers of then
leading Advocate Justice Shri S.C.Pratap. He then gained experience
in civil, constitutional, service and labour matters. He was
appointed as an Additional Judge of Bombay High Court on 18th
December, 1992 and became the permanent Judge of Bombay High
Court on 8th April, 1994.
Important judgments on various significant issues
1. Freedom of Speech and Expression - In Anand Patwardhan Vs.
Union of India, 1997 (1) BCR 90, and Anand Patwardhan Vs. Union
of India, 1997(3) BCR 438- Quashed the orders of the Government
not to telecast the President's Award winning documentaries
"In Memory of Friends" (based on terrorism and violence
in Punjab) and ' Ram Ke Naam' (based on Ayodhya issue) and directed
Doordarshan to telecast the said Documentaries - also stuck
down the decision of Censor authorities not to release documentary
"Aakrosh" on recent Gujarat communal riots and directed
grant of certificate.
2. Environmental and Ecological matters:- Issued directions
for beautification and maintenance of Girgaon Chowpaty and Juhu
Beach - Interpreted Maharashtra Forest (Acquisition) Act highlighting
the restrictions and dereservation of forest and use of forest
land for non forest use - issued directions to save Hill Stations
like Mahabaleshwar and Panchgani.
3. Protection of disabled person:- Restrained the Central and
Western Railways, Railway police and Municipal Corporation from
taking any action against the blind vendors/hawkers and directed
them to frame a scheme for earning of their livelihood - protected
the rights of students suffering from Displexia - issued directions
to ensure implementation of reservation policy for disabled
in the State Government and State Corporations as well as Local
Bodies - Recently delivered a judgment where a staff nurse who
was made to retire on the ground of mental illness i.e., Schizophrenia
was held entitled to full benefit of Section 47 and salary till
retirement.
4.
Law relating to women:- Recognized the right of muslim women
to receive maintenance under Sections 125 and 127 beyond Iddat
period and recognized the right of second wife to receive maintenance
under Hindu Marriage Act. Both the judgments have been confirmed
by the Supreme Court - in Yashaswinee Merchant and others Vs.
Air India held that the circular issued by Air India directing
grounding of air hostesses at the age of 58 years is bad in
law. The judgment was reversed by the Supreme Court, but later
on Government accepted the High Court's judgment and allowed
the Air Hostesses to fly till the age of retirement.
5.
PIL:- Issued various directions for reforms of prisons and particularly
in the context of women prisoners and their children - took
note of newspaper report of death of children due to malnutrition
belonging to tribal areas and directed various measures to save
the lived of children - in B.G.Deshmukh and others Vs. State
of Maharashtra held that any political party had no legal right
to call for Bombay Bandh and such bandh caused encroachment
upon the fundamental rights of citizen and political partied
cannot hold the public members at ransom by calling such bandh.
The political party was directed to deposit Rs.20,00,000/- towards
fine/token compensation - issued directions for proper rehabilitation
of nearly 2000 families displaced by Tarapur project - laid
down an elaborate scheme for improvement of institutions wherein
women and children are housed and for constitution of Juvenile
Boards - recognized rights of AIDS patients in employment.
6. Other laws : - Delivered several important judgments pertaining
to Admiralty Act, Trade Mark and Patent Act, Service and Labour
laws.
7. He gave impetus to mediation movement in Maharashtra - recognized
movement of Lok Adalat and also started Pension Lok Adalats
- took keen interest in legal literacy mission - prepared panel
of Arbitrators including retired High Court Judges, retired
District Judges and senior members of the Bar who agreed to
work on nominal fees and sometimes without charging any fee.
8. He took leading role in organizing the programmes , relating
to sensitization of Judicial Officers, Judges, Family Court
Judges etc., regarding Gender Justice - took initiative in starting
ADR certificate course in collaboration with Mumbai University,
- organized various training programmes for imparting training
to Judicial Officers on the subject of Juvenile Justice with
the help of TISS and UNICEF.