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Bombay High Court

TOUSIF KHALIL SHAIKHversusTHE STATE OF MAHARASHTRA THR. ITS CHIEF SECRETARY AND ORS.

Disposal
Disposed Off

Holding

The court dismissed the application for intervention, holding that the individual lawyer’s participation would expand the scope of the PIL unnecessarily.

Summary

An interim application was filed by individual lawyer Tousif Khalil Shaikh seeking to intervene in a public interest litigation (PIL) concerning the State of Maharashtra. The petitioners, represented by the Kolhapur District Bar Association and other bodies, already had representation from the Bar Council of India and an amicus curiae. The court examined whether allowing an additional individual lawyer to intervene would be appropriate. It held that permitting the individual’s intervention would unnecessarily broaden the scope of the PIL, given the existing representation. Consequently, the application for intervention was dismissed and the matter disposed of.

Issues considered

  • Whether an individual lawyer may be permitted to intervene in a PIL where the Bar Association, Bar Council of India, and an amicus curiae are already intervening.

Subjects

  • intervention
  • public interest litigation
  • civil appellate jurisdiction
  • bar association
  • amicus curiae
  • legal representation

Judgment

                                                                  2-IA-710-2026.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIRCUIT BENCH AT KOLHAPUR
                         CIVIL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO. 710 OF 2026
                                   IN
             PUBLIC INTEREST LITIGATION (ST) NO. 1956 OF 2026

Tousif Khalil Shaikh                                   ...Applicant.
In the Matter in Between:
Kolhapur District Bar Association and Others           ...Petitioners.
        Versus
The State of Maharashtra and Others                    ...Respondents.

                                 ——————
Ms. Sakshi Jankar, h/f. Mr. Atharv Samant, for the Applicant.
Mr. Shishir Hiray, Public Prosecutor with Mrs. P. S. Rane, APP, for the Respondent-
State.
Mr. Shrikrishna Banbavale with Mr. Rajendra B. Mandlik, i/b. Mr. Swaroop M.
Karade, for the Petitioners.
Mr. Rajiv Chavan (Through VC), Amicus Curiae is present.
Mrs. Neha s. Bhide, Government Pleader with Ms. Tejas J. Kapre, AGP, for the
Respondents-State.
Mr. Sangram Desai with Mr. Advait Vajaratkar & Ms. Sanjana Desai, for the
Respondent No.7-BCMG.
                                 ——————
                                    Coram :     Sharmila U. Deshmukh &
                                                Neeraj P. Dhote, JJ.
                                    Date      : August 17, 2026.
P. C. :

1.        The present Application is iled seeking intervention.

2.        Considering that the District Bar Association, the Bar Council of

India and learned amicus curaie has been appointed in the matter, the

intervention of individual lawyer would expand the scope of the present

PIL petition.



Gaikwad RD                           1 of 2
                                                                                  2-IA-710-2026.doc


                        3.     Therefore, the intervention application stands disposed of.



                         [Neeraj P. Dhote, J.]                     [Sharmila U. Deshmukh, J.]

           Digitally
           signed by
           RAJU
RAJU       DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD    Date:
           2026.08.18
           10:45:45
           +0530




                        Gaikwad RD                       2 of 2


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