Thread by @barandbench

#BombayHighCourt to continue hearing today in the petition filed by Kangana Ranaut challenging the BMC's demolition of portions of her property on grounds of alleged illegal alterations.

#KanganaRanaut

@KanganaTeam
@mybmc

Yesterday submissions were made on behalf of @KanganaTeam by Senior Advocate Birendra Saraf, and on behalf of @mybmc by Senior Advocate Aspi Chinoy.

Submissions on behalf of @rautsanjay61 expected to be made today.

Read more on yesterday's hearing:

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The Bench of Justices SJ Kathawalla and RI Chagla has scheduled the matter for further hearing at 3 pm today.

#BombayHighCourt
#KanganaRanaut

Bench starts hearing the matter.

Court is told that Adv Pradeep Thorat (for Sanjay Raut) cannot appear today due to personal difficulty. Counsel appearing instead asks Court for 10 mins to make submissions after submissions by Anil Sakhare.

#BombayHighCourt
#KanganaRanaut

Counsel says that she has instructions from Adv Thorat, and that she can make submissions.

Court says it can hear Advocate Thorat's submissions tomorrow.

Court asks Sr Adv Saraf if he said something

Saraf: I was just telling my friend here that his mic is on and we can hear him before he...

Justice Kathawalla (in a lighter vein): Our ears are shut

Sr Adv Chinoy: Anything I say can be shared, no difficulty.

#BombayHighCourt

Senior Advocate Anil Sakhare makes submissions for the BCM. He informs that another affidavit has been filed.

Sakhare: I would be addressing the Court only on the limited issue of malafides.

@mybmc
@KanganaTeam

#BombayHighCourt
#KanganaRanaut

Sakhare refers to submissions by @KanganaTeam that in retaliation to a tweet on September 5 criticising the
Mumbai Police, an interview was given by
Sanjay Raut

Sakhare: Then she lies and says around the same time
@mybmc visits the bungalow.

#BombayHighCourt
#KanganaRanaut

Sakhare: Her first tweet on September 5 is of 5.12 pm

My officer, the Mukadam, has visited the site at 1 pm - four hours before.

#BombayHighCourt
#KanganaRanaut

Sakhare refers to submissions by #KanganaRanaut that the BMC's actions were a counterblast and a consequence of displeasure of persons in power; that malafides of respondents (BMC, Executive engineer and the State of Maharashtra) from the timing of action etc.

#BombayHighCourt

Sakhare: Law on the issue is very clear. Malafide allegations are very easy to make and difficult to prove. Here the malafide allegations are general, vague, without material particulars and no proof is adduced.

@mybmc
@KanganaTeam

#BombayHighCourt
#KanganaRanaut

Sakhare: The Petitioner has miserably failed to discharge her burden, which is very heavy in such cases (i.e. cases alleging malice).

@mybmc
@KanganaTeam

#BombayHighCourt
#KanganaRanaut

The burden of establishing malafide is very heavy and on the person who makes it. It is easy to make but difficult to prove: Sakhare reads a case law.

#BombayHighCourt
#KanganaRanaut

Allegations of malice in fact can be against the individual. Malice in law can be against a State.

The petitioner has miserably failed in proving either. The forum for arguing malice in fact is different: Sakhare

#BombayHighCourt
#KanganaRanaut

Sakhare: Party alleging malice, in fact, has to set up evidence, enter a witness box, the party should have opportunity to cross-examine, lead oral evidence - then a civil court can adjudicate whether there is malice in fact of not.

#BombayHighCourt
#KanganaRanaut

Sakhare: The remedy of a civil suit is appropriate where allegations of malice in fact are argued. Article 226 petition need not be entertained (by the High Court).

#BombayHighCourt
#KanganaRanaut

Next, Sakhare cites Ajit Kumar Nath. He argues that there is a presumption that the power by a Govt official has been exercised in good faith. Allegations of malafide require proof of a high degree of credibility.

@mybmc
@KanganaTeam

#BombayHighCourt
#KanganaRanaut

"Malafide is the last refuge of a losing litigant", Sakhare cites a caselaw.

Sakhare: In the present case, the @KanganaTeam has no case on merits.

She is unable to prove the case on facts or laws. So what is better? Allege malafides and divert the attention of the court.

Sakhare: Except for her word, there is no connection...The Petitioner, as a last refuge, as a losing litigant is making allegations of malafides, which should not be entertained.

@mybmc
@KanganaTeam

#KanganaRanaut
#BombayHighCourt

She (#KanganaRanaut) has failed to discharge the higher credibility of proof which is required when allegations of malice are made, Sakhare argues.

Petitioner has failed to give the full facts to allow Court to come at a proper finding on malice, Sakhare adds.

#BombayHighCourt

Sakhare: You make serious allegations against the party in power, officers of the statutory organisation, don't give any material particulars and require the court to connect a tweet here and another tweet there - that should not be permitted.

#BombayHighCourt
#KanganaRanaut

In response to Court's query, Sakhare informs the Court from June 2019, the impleaded BMC officer (respondent 4) is attached with the Ward concerned.

Sakhare further reads the officer's denial of having any ill will towards Ranaut or of having done anything on extraneous grounds

Sakhare reads further that it is factually incorrect that when the petitioner's advocate came on September 9, the BMC officer locked the bungalow from inside and malafidedly continued demolition.

Court: This is all denials, we have seen that.

Sakhar: No proof is given except her tweets. Such type of allegations - it is not a regular burden to discharge, it is a heavy burden.

This is the last resort of a litigant with no case on facts or law - to go on making allegations, divert court's attention and get some relief.

Court: We have a simple question to ask you Mr Sakhare.

What was this designated officer doing before they rushed on September ... ? What were they doing when the entire work came up? What made you go only now?

@KanganaTeam
@mybmc

#KanganaRanaut
#BombayHighCourt

HC: You're saying that there was some extension. First you used JCB to break... Anyone on the street can see that extension. What were your officers doing when it was put up?

Sakhare: Our case is it was an ongoing construction

Court remarks that the work was over by then!

Court: Only when they were painting and making some finishing touches.

All this work was going on. No one saw it? A huge superstructure came up and all your officers turned a blind eye until 5/7 September.

@mybmc
@KanganaHPRanaut

#KanganaRanaut
#BombayHighCourt

Counsel for R 5 (@rautsanjay61) : He is not concerned with this demolition matter. There was no threatening message. He only said that the petitioner is very dishonest and that media is supporting such dishonest...

Court: What is "Kanoon kya hein?" (Raut's remark- "What is law")

Counsel for R 5 (@rautsanjay61): That was a remark made after Petitioner said that Maharashtra is not safe.

Court: You are the leader, a parliamentarian. Even we don't agree with what the petitioner has said. But is this the way to address?

#BombayHighCourt
#KanganaRanaut

Court: Even we don't agree with a word of what is said (referring to @KanganaTeam's remark on Maharastra's safety). We are all Maharashtrians. We are proud of being Maharashtrians, but is this the way to react?

@rautsanjay61

#BombayHighCourt
#KanganaRanaut

Senior Advocate Birendra Saraf for @KanganaTeam makes submissions countering Senior Advocate Aspi Chinoy's submissions that the petitioner was being "cagey" about when the work was carried out and who carried out the work.

#BombayHighCourt
#KanganaRanaut

Saraf points out it is already submitted that work was completed in January and it was carried out by Orange LLP

#BombayHighCourt
#KanganaRanaut

Saraf further asserts that the @mybmc has not given answers on:

- Why they did not have a detection report
- Why mukadam took no photos, and why they lied first that the mukadam had taken photos
- discrepancies in documents
- the names of the workers alleged to have been present

Saraf: None of these are even attempted to be answered! I take strong objection - to say Court's umbrage is taken advantage of when a citizen approaches it

#BombayHighCourt
#KanganaRanaut

Saraf:@mybmc has not answered why this case was treated as critical matter?

Just because construction may be irregular, does it give a licence to a statutory authority not to follow the law? Are laws meaningless textbooks? he adds

@KanganaTeam

#BombayHighCourt
#KanganaRanaut

Saraf, referring to @mybmc submission that a toilet was illegally constructed in an open chowk in @KanganaTeam 's office: On a lighter vein, maybe I thought there are many who think best in the bathroom.

Even if there was a formality, I could have got it regularised.

Aspi Chinoy (@mybmc) and Saraf make submissions disagreeing on the applicability of guidelines in Thopte case and the SC's Sunbeam's case to demolition proceedings under Sec 345A, MCGM Act.

Hearing adjourned, submissions to continue on Monday. #BombayHC to Saraf: We take it your submissions will be lengthy.

Saraf: Yes

Court: Don't ask us to go through this page and that page

Saraf: We'll quote directly

Yes, Court says: Quote the relevant para

#KanganaRanaut

Matter posted next for October 5, Monday. Written submissions to be filed. Hearing for the day over.

@KanganaTeam
@mybmc

#KanganaRanaut
#BombayHighCourt

[Kangana Ranaut v BMC] We are all proud Maharashtrians, but is this the way to react?: Bombay HC on Sanjay Raut's "Kanoon kya hain" remark

@KanganaTeam
@mybmc
@rautsanjay61

#KanganaRanaut
#BombayHighCourt

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